Surrogacy in Canada is legal but prohibited, with most bureaucracies dealt with by several provinces.
The law only allows for altruistic surrogacy, which means that surrogates cannot be paid more than out-of-pocket benefits.
Agencies are not allowed by law to professionally assign surrogates to future parents for a fee.
The authorities are also not allowed by law to charge money for the management of a surrogate or pregnancy cycle.
Theoretically, Canadian law makes each alternative an independent route.
Therefore, many “consultations” constantly go through the law carefully and provide agency services.
They will introduce the parents of qualified surrogates and negotiate a surrogacy contract privately with a Canadian lawyer.
The same consultations can facilitate clinical services and help continue the journey.
This practice is common. However, there are some cases where these advisers are imprisoned by the Canadian authorities for fraud beyond the legal boundaries.
Amendments to the regulations on the reimbursement of fees
In the summer of 2019, the Canadian government announced changes to the AHRA Act, which regulates surrogacy in Canada.
The changes include (among other things) a clearer explanation of how replacement costs are covered.
Under the new rules, it is illegal to pay surrogates for all expenses without a physical bill (other than miles).
As a result, there is no financial incentive to be a surrogate, although it seems that Canadian surrogates will find alternative emotional satisfaction.
The likely outcome of the AHRA changes is that surrogacy will remain technically legal in Canada, but finding a qualified surrogate may take longer.
The legal framework in Canada is comparable to the laws on altruistic surrogacy in the United Kingdom.
The surrogacy agreement must respect the law of the AHR and provincial and territorial laws, so depending on where the surrogacy and the parent’s intention are, the surrogacy agreement may be very different (or impossible).
Canadian law is very clear and governed by the Assisted Human Reproduction Act.
The action clearly sets out the following restrictions on surrogacy in Canada.
The action clearly sets out the following restrictions on surrogacy in Canada:
No person shall pay consideration to a female person to be a surrogate, offer to pay such consideration or advertise that it will be paid.
No person shall accept consideration for arranging for the services of a surrogate, offer to make such an arrangement for consideration or advertise the arranging of such services.
No person shall pay consideration to another person to arrange for the services of a surrogate, offer to pay such consideration or advertise the payment of it.
In short, an alternate pays at his own expense only if he is directly related to the alternate and there is usually a confirmation.
For example, a surrogate may be compensated for the loss of employment if the doctor confirms in writing that bed rest is essential for his or her health and/or the health of the embryo or fetus.
However, the costs associated with surrogacy also depend on the situation of each surrogate.
It is also illegal for professional services to manage your replacement program or hire a woman to become your representative.
Initiation and administration of surrogacy in Canada
For parents who decide to continue and go through the surrogacy process independently, here are the first few steps:
- Find a local lawyer who specializes in surrogacy. A good lawyer takes care of the paperwork and legal matters related to surrogate donation, clinic, and egg donation.
- Surrogates and donors can be found through online forums. Some “consultations” may identify potential candidates, even if it is technically illegal. Larger organizations may find qualified compensation within a few months, while others may find more in-depth compensation within one year. There is a general lack of surrogates in Canada, so parents need to present themselves in a good light to attract a suitable surrogate to work with them.
- When choosing a surrogate, parents can choose a reputable clinic near the surrogate residence. There are a number of IVF and surrogate clinics in Canada, and most of them have a relatively good reputation.
In Canada, there are some surrogacy agencies that try to move on a very thin line between providing surrogacy services and only offering “counseling” services that are not actively involved in the surrogacy process.
These agencies have opposed the government in the past, and many have faced ongoing litigation or previous fines.
All potential parents should carefully investigate any agency or service provider to see if there has been any illegal activity in the past.
Ravi Sharma is a self-motivated, successful entrepreneur and has a solid experience in the fertility segment. and he is the director at ARTbaby Global (ARThealthcare). He is a pharmacy graduate with post-graduation in business administration and has 14 years of rich experience in the field of infertility segment. He loves to write about IVF, Surrogacy, and other ART (assisted reproductive technology) news, issues, and updates. He is a Pharmacy graduate (B. Pharm) and M.B.A (marketing).
His most recent success includes the successful launch of the medical tourism company, ARTbaby, which offers treatment options for infertility, egg donation, and surrogacy. He likes spending time with his family and writing about various aspects of IVF surrogacy and donating eggs.