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Family

How is parentage determined when a child is conceived through reciprocal IVF between two mothers?

TSL Written by the Treadstone Law team· Updated August 2026

In reciprocal IVF, one partner's egg is fertilized and the resulting embryo is carried and delivered by the other partner, so the child has a genetic connection to one mother and a birth connection to the other. Under Ontario's parentage rules, the person who gives birth is a parent, and her spouse or partner is also recognized as a parent where the child was conceived through assisted reproduction and the couple intended to parent together — this route does not require the birth parent's partner to be genetically related to the child.

In practice, this means both mothers in a reciprocal IVF arrangement are generally recognized as legal parents without either needing to adopt, because the framework is built around intention and the couple's relationship rather than requiring both parents to have a genetic link. Couples should keep records from their fertility clinic confirming how conception occurred, since that documentation supports the parentage recognition if it is ever questioned. Confirm eligibility with a lawyer or clinic rather than assuming automatic recognition applies.

Key takeaways

  • The birth parent and her spouse or partner are generally both recognized as legal parents.
  • A genetic link is not required for the non-birth mother's parentage to be recognized.
  • Clinic documentation of how conception occurred supports this recognition.
  • Confirm eligibility with a lawyer rather than assuming automatic recognition applies.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone family lawyer can help.
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