Sherry Levitan - Fertility Lawyer
1 lawyer · City of Toronto
About Sherry Levitan - Fertility Lawyer
Fertility Law is a Toronto sole practice run by Sherry Levitan, who has focused exclusively on fertility and surrogacy law since 1991. Levitan graduated from Osgoode Hall Law School in 1984 and was called to the Bar of Ontario in 1986. The firm now handles surrogacy agreements, egg and sperm donation agreements, LGBTQ family building, and Ontario birth registrations for intended parents, donors, and surrogates across the country.
Levitan has served as a long-time director of Fertility Matters Canada (formerly the Infertility Awareness Association of Canada) and spent seven years on the Board of Directors of the Canadian Fertility and Andrology Society. Levitan also testified before the federal Standing Committee on Health and teaches at the Lincoln Alexander School of Law. When surrogacy or fertility law makes the news, outlets including CTV, CBC, and the Toronto Star have turned to Levitan for comment.
The practice's small team includes a legal assistant who is the main point of contact for Ontario birth registrations and a certified law clerk who handles agency-based egg donation files. A meaningful share of the client base is LGBTQ: in a typical year, more than 40% of the firm's surrogacy clients are gay men, both couples and individuals.
Practice areas
Not listed
Milestones & recognition
- Levitan graduated from Osgoode Hall Law School in 1984 and was called to the Bar of Ontario in 1986.
- Levitan spent seven years on the Board of Directors of the Canadian Fertility and Andrology Society (CFAS).
- Levitan testified before the federal Standing Committee on Health and took part in developing the Federal Ministry of Health's guidelines for the practice of third-party reproduction.
In the community
- Levitan is a long-time director of Fertility Matters Canada, a national charity supporting people facing infertility that was formerly known as the Infertility Awareness Association of Canada (IAAC).
- Levitan teaches at the Lincoln Alexander School of Law.
- Levitan acts as legal counsel to several Canadian fertility clinics.
- Levitan has provided commentary on fertility and surrogacy law to national outlets including CTV, Canada AM, CBC, Maclean's, and the Toronto Star.
Good to know
Wheelchair accessible
By appointmentThe neighbourhood
The office sits in Davisville Village, a mostly residential midtown neighbourhood between Yonge Street and Mount Pleasant Road, within walking distance of the Beltline Trail and Davisville subway station. It's a quiet setting for a practice whose clients, intended parents, donors, and surrogates, are spread across Canada rather than concentrated nearby, so most of the firm's work happens by phone and video instead of in-person meetings tied to the neighbourhood.
Frequently asked questions
- Is surrogacy legal in Canada?
- Yes. Surrogacy is legal in Canada, though paying compensation to a surrogate for acting as a surrogate is prohibited. Reimbursing a surrogate's out-of-pocket expenses is allowed, and the firm can help set up a compliant surrogacy agreement.
- What's the difference between gestational and traditional surrogacy?
- In gestational surrogacy, the surrogate has no genetic connection to the child. In traditional surrogacy, the surrogate is both the child's genetic and birth parent and enters the pregnancy intending to give up custody once the baby is born. The firm advises on both kinds of arrangements as part of its surrogacy agreement work.
- Do egg or sperm donors need their own lawyer?
- Yes. A donor's interests are different from the intended parents' interests, so it's recommended the donor have independent legal representation before signing a donation agreement.
- Does Fertility Law work with LGBTQ intended parents?
- Yes. In a typical year, more than 40% of the firm's surrogacy clients are gay men, both couples and individuals, and the firm also advises lesbian couples and single parents on known sperm donation and reciprocal IVF arrangements.
- Does the firm bill by the hour?
- No. The firm uses fixed fees for most of its core work, such as egg donation, sperm donation, and surrogacy agreements, rather than hourly billing, so clients know the cost before they start. HST applies to all legal fees, and fees for non-English-speaking clients may be slightly higher.
- How do I reach the firm or book a consultation?
- The office is at 68 Merton Street, Suite 1204, in Toronto, and the phone line is 416-784-1222. Because clients are spread across Canada, most initial conversations happen by phone or video rather than an in-person meeting.
Where to find them
68 Merton Street, Suite 1204, Toronto, ON M4S 0A7 Canada · 416-784-1222
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