Our Legal Team

Rachel S. West, B.A., J.D. Partner, Carbert Waite LLP – Calgary, Alberta

Rachel West is a seasoned lawyer with a career devoted to employment law, human rights law, and, more recently, reproductive technology law. Her passion for human rights naturally led her to the unique and meaningful work of helping individuals and couples build their families through surrogacy and assisted reproduction.

Rachel advises on all aspects of fertility law, including working with intended parents (both local and international), surrogates (gestational carriers), and egg and sperm donors. She brings deep empathy and professionalism to every file, understanding the emotional and legal complexities of family creation. Her approach focuses on protecting her clients’ interests while fostering respectful and collaborative relationships between surrogates and intended parents.

Rachel earned her Bachelor of Arts with High Honours in 2003 and her Juris Doctor in 2006 from the University of Saskatchewan. She was called to the Alberta Bar in 2007 and is a partner at Carbert Waite LLP in Calgary. She is an active member of both the Canadian Bar Association and the Calgary Bar Association.

Fluent in both English and French, Rachel is well-equipped to support a diverse and international clientele in their fertility journeys.

Michelle Flowerday, LL.B Fertility & Family Law Lawyer – Toronto, Ontario

Sara R. Cohen, LL.B. Fertility Lawyer | Founder, Fertility Law Canada at D2Law LLP – Toronto, Ontario

Michelle Flowerday is a Toronto-based lawyer with a practice focused on fertility law and family law. She is a dedicated advocate for people building families through assisted reproduction—supporting couples facing infertility, LGBTQ+ parents, single intended parents, surrogates (gestational carriers), and egg, sperm, and embryo donors.

With a deep commitment to helping clients navigate the legal complexities of third-party reproduction, Michelle offers expertise in drafting and negotiating surrogacy, co-parenting, and donation agreements. She also handles court applications for declarations of parentage, stepparent adoptions, and related legal matters. Her practice extends across Canada and internationally, serving intended parents and donors around the world.

Michelle frequently speaks at national and international conferences on fertility and surrogacy law. She also consults for fertility clinics and hospitals, providing guidance on contracts and compliance with Canada’s Assisted Human Reproduction Act and related regulations.

Prior to founding her own law office in 2011, Michelle was a partner at Dickson MacGregor Appell LLP, then Canada’s largest all-women law firm, where she practiced fertility and family law. She began her legal career at McCarthy Tétrault LLP, one of Canada’s largest national law firms.

Michelle holds a B.A. (Hons. Psychology) from McGill University (1997) and an LL.B. from Osgoode Hall Law School (2001). She was called to the Ontario Bar in 2002 and is a member of the Canadian Bar Association,

Sara R. Cohen is a leading fertility lawyer based in Toronto, serving clients across Canada and internationally. She is the founder of Fertility Law Canada at D2Law LLP, where her entire legal practice is devoted exclusively to fertility law. Sara advises intended parents, surrogates, donors, fertility clinics, hospitals, cryobanks, and distributors on a wide range of legal issues related to assisted reproduction.

Recognized for her leadership in the field, Sara was named one of the Top 25 Most Influential Lawyers in Canada by Canadian Lawyer magazine. She is the President of Fertility Matters Canada, a past co-chair of the Ethics and Law Special Interest Group of the Canadian Fertility and Andrology Society, and an adjunct professor of reproductive law at Osgoode Hall Law School.

Sara also holds prominent roles internationally. She is one of only two non-American members of the Executive Council of the ABA’s Assisted Reproductive Technology Committee, and is a Fellow of the Academy of Adoption and Assisted Reproduction Attorneys (AAAA).

Her expertise is frequently sought by lawmakers: she has provided expert testimony before the Ontario Standing Committee on Social Policy and has been invited by both the Ontario and Canadian governments to advise on fertility and parentage-related legislation.

Ontario Bar Association, the Canadian Fertility and Andrology Society, Fertility Matters Canada, the Advocates’ Society, and The 519 Church Street Community Centre.