O'Sullivan Estate Lawyers LLP
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January 2019 Archives

Posthumous Use of Reproductive Tissue: Who Decides?

The law concerning assisted reproductive technology ("ART") occupies a unique space where the autonomy of the human body intersects with property rights, which historically at common law did not extend to the human body or body parts. The world's first in-vitro baby was born in 1978, but it was only much later that the law began catching up with ART. The first legislation in Canada that governs ART - the federal Assisted Human Reproduction Act (the "AHRA") - was introduced in 2004 which launched a code on the uses and prohibitions regarding human reproductive tissue. The AHRA mandates that reproductive tissue shall only be used with the donor's free and informed consent that is provided in writing, but the AHRA has also opened the approach toward treating reproductive tissue as property, employing terms such as "use" and "creation" and the prohibited actions of "purchase" and "sale".

Never Too Young To Start: Family Law Considerations for Millennials

In a prior blog on millennials and estate planning, I discussed its importance for the younger generation and the unintended consequences that can result from failing to have proper planning in place. In today's blog, I hope to take that notion a step further by discussing family law implications that should be considered by millennials as they progress through relationships, living situations, and even marriage.Before marrying or cohabitating with a spouse or partner, it is important to assess the legal implications of this important step. The first consideration is to understand the difference in legal rights that arise between being in a common law relationship and being legally married. With 53 per cent of Canadian adults feeling marriage is unnecessary (including millennials who are moving further away from the marriage trajectory), a common misconception is that a common law partner has the same rights and legal standing as a married spouse.

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