On February 20, 2024, the Government of Nova Scotia enacted amendments to the Birth Registration Regulations under N.S. Reg. 51/2024, following the guidelines set forth in the Vital Statistics Act. These changes reflect ongoing efforts to update the legal framework surrounding birth registration and assisted conception in the province.

The amendments modify several sections of the existing Birth Registration Regulations (N.S. Reg. 390/2007), primarily aimed at clarifying definitions and procedures related to assisted conception, parentage, and surrogacy. Notably, the amendments strike out the clause letters preceding each definition in Section 2 and make significant changes to terminology. The definition of “assisted conception” has been updated to remove the reference to using an anonymous sperm donor, allowing for a broader interpretation of assisted conception methods. Additionally, the term “spouse” has been removed from the regulations, reflecting a shift toward more inclusive language regarding parental roles. New definitions have been introduced, including “birth mother,” which refers to a person who gives birth to a child regardless of whether their reproductive material is used; “intended parent,” defined as a person who enters into an agreement to become a parent of a child conceived through assisted conception; “known donor,” which refers to someone whose identity is known to the birth mother or intended parent, providing reproductive material with the intention of relinquishing the child; and “surrogate,” which describes a birth mother intending to relinquish a child conceived through assisted conception to an intended parent.

Furthermore, the amendments introduce significant procedural requirements for non-surrogacy cases. Before a child is conceived through assisted conception, a written agreement must be made between the birth mother, any intended parent, and known donors, outlining the roles and responsibilities of each party concerning the child. Additionally, a statutory declaration must be filed with the Registrar to affirm that the parties have received independent legal advice regarding their rights and obligations under the agreement.

The regulations also clarify the rights of intended parents in both non-surrogacy and surrogacy contexts. In cases of non-surrogacy, an intended parent can be recognized as a parent if the agreement specifies this and a statutory declaration is submitted. In surrogacy cases, a surrogacy and parentage agreement must be established before conception, where the surrogate agrees to relinquish the child to the intended parents, confirming that they will not be the child’s legal parent.

The changes aim to foster a more inclusive environment for families formed through assisted reproduction, ensuring that the legalities surrounding birth registration adapt to the evolving societal norms regarding parenthood and family structures.

Nova Scotia (51/2024) March 8, 2024