Surrogacy in Canada
Surrogacy is allowed in Canada; however, just like USA, most of the surrogacy laws in Canada are managed by various provinces in the country. Intended parents that are planning to pursue their surrogacy aspirations in Canada must know that the legislation only allows for altruistic surrogacy, which means surrogates may only be compensated for any extra expenses.
On the other hand, a surrogacy agency in Canada is not authorized by law to coordinate and match potential parents with surrogates for a fee. Surrogacy agencies are also prohibited from charging fees for managing a surrogate’s cycle or pregnancy.
Nonetheless, we at surrogacy consultancy would help you make the most of surrogacy in Canada via our ethical and affordable services. Parents will be introduced to appropriate surrogates, and the surrogacy contract will be negotiated discreetly via our legal specialists on board.
Is surrogacy legal in Canada?
While various provinces have their own interpretations regarding the rules and regulations regarding surrogacy in Canada, federal law recognizes the possibility of surrogacy contracts in general. In Canada, the surrogate mother in Canada retains parental rights once the baby is born. Depending on the province, intended parents can simply register as legal parents.
In other provinces, however, parental rights are transferred to the Intended Mother through a court order usually within a week or two of the delivery. However, depending on the jurisdiction, the surrogate may be able to alter her mind and pursue her own parental rights during this period, although this is still a rare situation.
Because Canada does not have “pre-birth orders” like certain US states, a gestational surrogate mother in Canada would have rights to the kid at delivery if she changed her mind. If this happened, the intended parents would have to file a formal paternity application, with the expectation that the courts would accept the contract’s intent and, if required, DNA testing establishing genetic parenthood.
There is no legal precedent for how a surrogate’s claim would be handled in a local court. In jurisdictions where a genetic link is required, such as Ontario and British Columbia, the surrogacy agreement provides proof of the surrogate’s intent not to be a parent of the kid, and a DNA test would show the baby’s genetic heritage. The expectation is that the application will be resolved in favor of the Intended Parents; however, this has yet to be shown.
On the other hand, there may be a case scenario where the Intended Parents change their minds midway. Because local surrogacy laws do not enforce the Intended Parents’ commitments, there have been examples of foreign parents abandoning a baby during the pregnancy. The babies would very certainly be placed up for adoption if this happened, as per the surrogacy laws in Canada.
Signing the surrogacy agreement
If you are planning to pursue surrogacy in Canada, you must know that Surrogacy agreements must adhere to the AHR Act as well as provincial and territorial legislation, therefore the surrogacy arrangement may change greatly depending on where the surrogate and intended parents live.
The Assisted Human Reproduction Act regulates Assisted Human Reproduction in Canada. Surrogacy in Canada is subject to the following restrictions, as stated in the act:
- No one shall pay a surrogate mother in Canada for her services
- No one shall receive payment in exchange for arranging for the services of a surrogate, nor should anyone propose to make such an arrangement in exchange for payment, nor shall anyone publicize the arranging of such services.
- No one shall pay, propose to pay or publicize the payment of any consideration to another person in order to arrange for the services of a surrogate.
In brief, a surrogate can only be reimbursed for out-of-pocket expenses if they are directly relevant to the surrogacy and are accompanied by a receipt. For example, if a doctor declares in writing that bed rest is required for her health and/or the health of the embryo or fetus, a surrogate may be compensated for lost pay.
Surrogacy costs, on the other hand, are dependent on the circumstances of each surrogate mother in Canada. Professional services that manage your surrogacy program or seek a woman to be your surrogate are also not permitted within the legal territories of the country.
Analyzing the Cost of surrogacy in Canada?
Cost of surrogacy in Canada maybe a bit on the higher side in comparison to other countries like Greece, Georgia and Ukraine. Still, given the quality of medical support and facilities in the country, the same cost seems fully justified.
Intended parents pursuing surrogacy in Canada must know that it is illegal to profit commercially from surrogacy, although the surrogate is permitted to be reimbursed for her –out of the pocket expenses.
In practice, a surrogacy contract specifies that acceptable expenditures must be between $ 25,000 and $30,000 USD. If the surrogate is a demanding, experienced surrogate, she may request additional compensation and travel fees, which can be fairly costly. Medications may sometimes be overlooked in early clinic suggestions, which can be costly.
So, technically, expenses like cost of surrogate mother in Canada, egg or sperm donor involved, medication costs, IVF treatment cost and other related elements would incorporate the overall structure of cost of surrogacy in Canada.
What does AHRA act says in regard to cost of surrogacy in Canada?
The AHRA Act, which governs surrogacy in Canada, was recently been amended by the government of Canada. This also included a proper regulation in regards to the cost of surrogate mother in Canada. As per the guidelines, Surrogates cannot be reimbursed for any expenses for which she does not have a physical receipt. As a result, there is no financial incentive to become a surrogate mother in Canada, despite the fact that surrogates in Canada appear to find the experience emotionally rewarding.
Surrogates have been compensated based on expected aggregated costs rather than actual out-of-pocket expenses, despite the fact that surrogacy in Canada is confined to altruistic programs exclusively. The AHRA amendments make it difficult to reimburse surrogates for any expenses for which she does not have a physical receipt. As a result, becoming a surrogate is no longer financially rewarding.
Surrogacy will most certainly remain technically lawful in Canada as a result of the AHRA reforms, but finding a certified surrogate may take substantially longer. Hence, you may find the waiting list for the surrogate mother in Canada a bit longer than anywhere else.
Why you must opt for a surrogacy agency in Canada?
A surrogacy agency in Canada brings along a big list of benefits and advantages. First and foremost is the highly credible medical infrastructure of the country which is rated on par with other big countries around the world.
Surrogacy babies born in Canada are eligible for Canadian citizenship at birth. With their baby’s Canadian passport, new parents can immediately return to their native country. In addition, Canada has a national healthcare system that covers both the surrogate’s prenatal care and delivery.
This saves money on medical expenses throughout pregnancy (or the cost of insurance premiums as in the US). However, because Canada’s social security system does not cover the kid of a foreign citizen, the parents are responsible for the costs of NICU treatment or an incubator if the infant arrives early.
A standard hospital stay following the baby’s delivery costs at least $500 each day. Expect to pay up to $5,000 per day if the infant is delivered early and needs NICU care (and stays of 2 to 3 weeks are not uncommon). Insurance coverage that covers these fees is available and should be investigated before the embryo transfer.
How can we help?
At Surrogacy Consultancy, our professionals will help you during every step of your surrogacy journey in Canada. While the surrogacy laws in Canada are a bit tricky, our team of legal experts will make it all smooth and convenient, given their vast experience in the ART domain.
Connect with one of our client coordinators today for a free consultation!