Surrogacy Laws in Canada
Surrogacy in Canada is considered a gold standard in the ART world. So, you need not think twice while getting ahead with your surrogacy aspirations in this country. Still, having the right knowledge about surrogacy laws in Canada comes as a prerequisite.
Besides, if you can’t stay updated with every single clause or aspect in the same regard, it is always recommended to connect with a trusted surrogacy agency in Canada like a surrogacy consultancy. This way, you can always have a smooth and convenient surrogacy journey while getting along with your child-seeking dreams.
Taking a sneak peek into the surrogacy laws in Canada
In Canada, surrogacy is permitted and is governed by the federal Assisted Human Reproduction Act (AHRA). However, some provincial rules, such as those governing who is legally acknowledged as the parent of a child, are also highly crucial.
All surrogacy in Canada is required to be “altruistic,” according to the ARHA. As a result, the surrogate mother in Canada is unable to profit from her role. Moreover, surrogates are not allowed to receive a salary in Canada; instead, they can only be reimbursed or paid for a limited number of expenses. In contrast to other states, like California, where a surrogate may charge a fee, this one does not.
All of the surrogate’s allowable expenses must be supported by paperwork approval from a physician that they are essential.
This covers the surrogate’s travel to medical visits, legal costs, counseling services, any goods or services that a doctor or midwife recommends in writing, as well as maternity wear.
Legal obligations regarding a surrogacy agreement
According to surrogacy laws in Canada, a surrogacy agreement must exist before a surrogacy can take place. In accordance with Canadian legislation, the surrogate must also obtain independent legal counsel before signing the contract. Typically, the surrogate hires her own attorney (paid for by the intended parents) to examine the contract with her once the intended parents’ attorney has drafted it.
Agreements for surrogacy cover all parts of the procedure, including the period before, during, and after the pregnancy. It will outline the parties’ objectives with regard to crucial issues including the child’s parental rights, whether the surrogate will interact with the kid, whether a pregnancy will be terminated, how eligible expenses will be paid for, etc.
Although not all provisions of a surrogacy agreement are literally enforceable (the surrogate ultimately decides whether to terminate a pregnancy, where to deliver the baby, etc.), they are nevertheless legally needed and prevent further disputes.
Legal obligations regarding the birth of the child
The province where the kid is born, whether the intended parents have a genetic connection to the child, and if the surrogate has a genetic connection to the child will all affect the procedure for intended parents to have their parental rights recognized. The intended parents will be listed as the kid’s parents in line with the legislation in the country where the child is born thanks to the assistance of a fertility law attorney.
Before selecting a surrogate mother in Canada, it is advised that you consult a lawyer about the matter because provincial surrogacy legislation might differ significantly. If you are not from Canada, you should also research the legal requirements for returning home as your child’s legal parents by consulting a local attorney. Health care in Canada is renowned for being “free.”
For intended parents who are from outside of Canada, medical insurance for a child born to a surrogate after birth is crucial. While the surrogate and the kid will continue to receive free medical treatment before and throughout the birth, the child’s postnatal care may no longer be covered by Canada’s public health care system.
In order to prepare for any medical expenses related to the care of the child, prospective parents should make sure they do their homework and have health insurance in place for the child.
There is federal and provincial legislation that are relevant before, during, and after the birth of a child through surrogacy in Canada. Surrogacy is complicated. For your surrogacy journey to proceed well, having the correct legal counsel is essential.
How can we help?
At Surrogacy Consultancy, we are backed by a team of professional legal experts that got years of knowledge in ART law. So, you can proceed with your surrogacy journey without feeling concerned regarding any legal complications or issues.
Connect with one of our coordinators today to have a free consultation!