Surrogacy in Canada
Surrogacy in Canada has been taking place for a number of years and has been evolving over time. It is estimated that about 1,000 surrogacies are now happening in Canada every year. Several organizations are now offering reputable services to both Canadian Nationals and Internationally Based Intended Parents.
Traditional Surrogacy in Canada
Traditional surrogacy is where a woman allows herself to be inseminated with the sperm of the future father (or a donor) with the purpose of giving the child to the future parents upon delivery. In Canada, traditional surrogacy is considered rare as it constitutes less than 2% in total surrogacy arrangements.
Due to legal risks and moral issues, they’re only a few fertility clinics and lawyers who will be willing to engage in traditional surrogacy. It is quite hard to find a traditional surrogate as they usually prefer doing gestational surrogacy only.
Is Surrogacy in Canada Legal?
Surrogacy in Canada is permitted but under various restrictions where provinces regulate most of the bureaucracy. The provincial law governs the validity of surrogacy agreements and the procedures for establishing parentage of the baby.
The law allows altruistic (unpaid) surrogacy only, meaning surrogate mother is not entitled to any payment other than out-of-pocket expense. It is legal to use another person’s sperm, egg, or uterus, but it is illegal to pay or commercially benefit from such.
Similarly, agency programs are not legally authorized to jobwise connect surrogates with potential future parents for commercial benefits. In theory, every surrogacy journey in Canada is taken as an independent journey.
However, several consultancies often thoroughly navigate the laid restrictions to offer agency-type services. They may introduce future parents to capable surrogates and arrange the surrogacy agreement individually with a Canadian lawyer.
The said consultancies might also manage the clinic services and assist in moving the journey along. It is a relatively common practice, although a number of consultancies being closed by Canadian Authorities for going too far beyond the laid restrictions.
Surrogacy Law in Canada
The federal law in Canada generally acknowledges the possibility of surrogacy agreements. That said, the national law governing surrogacy has slightly distinctive implementations in various provinces. As in the UK, surrogate mother in Canada embraces parental rights upon delivery.
Subject to the province, for instance, in British Columbia and Ontario, the future parents might simply register themselves as legitimate parentS. In other provinces, parental rights are shifted to the intended parents via a court order, typically within a couple of weeks upon delivery.
Nonetheless, during this period, the surrogate mother might be allowed to challenge the contract and claim her own parental rights, subject to the province. Fortunately, there have been no such issues in Canada.
If at all this occurred, the intended parents would have passed an application for legal parenthood, and providentially the court would have acknowledged the contract’s motive and DNA tests showing genetic paternity, where necessary based on province. Otherwise, no legal precedents are available, showing how local courts would have dealt with such claims by surrogates.
What is the Cost of Surrogacy in Canada?
Canada is essentially more costly than most couples probably think. The total budget might be around 85,000 if all goes well with the first transfer and the surrogate successfully getting pregnant right away. However, the cost can be significantly lower compared to premium agency programs in the US that often range from USD 90,000 to USD 120,000, and maybe more.
It is illegal to benefit financially from surrogacy contracts, but the surrogate is permitted to receive reimbursement for outgoings. The law in Canada does not explicitly define what the eligible expenses are.
Consequently, there no limits, and implementation of the restrictions on expenses has been downright loose. Different provinces approach expenses differently, which might raise additional expense depending on the surrogate’s personal circumstances. In practice, an agreement with the surrogate recognizes eligible expenses at between $25,000 and $30,000.
Surrogacy Statistic Canada
Canada is one of the most welcoming locations for internally based intended parents and foreigners who are unable to enter into a surrogacy contract in their home country legally. For instance, in 2016 and 2017, 45 among 102 babies born to surrogates in B.C had their future parents outside of Canada.
Although it is forbidden under the AHR Act for Canadians to pay for surrogate services, Canadian surrogates can legally receive payments from foreigners provided the traction is made outside Canada. Canada is one of the selected countries where foreign surrogacy is allowed. It does not discriminate based on sexual orientation or marital status.
Canada Surrogacy Agency
Surrogacy agencies in Canada, (often referred to as consultancies), operate differently to those based in the US. Their services and subsequent payment are clearly established by Canadian law.
Screening, as well as preparation of surrogates, vary among consultants. These consultancies are often associated with close relationships with various clinics and attorneys. It’s therefore recommended to understand the whole group in advance before choosing one.
Surrogacy in Canada FAQs
Is Surrogacy in Canada legal?
Surrogacy in Canada is allowed, provided it is non-commercial (altruistic). Various provinces control most of the bureaucracy. The law permits the surrogate mother to receive reimbursement only for the out-of-pocket expenses.
Agencies are not regally allowed to match surrogates with intended parents for monetary benefits or charge money for arranging a surrogate’s pregnancy. However, several consultancies carefully navigate the laws to offer agency-sort of services.
How much is surrogacy cost in Canada?
Surrogacy programs in Canada cost around $90,000, which is much lower compared to the US. It is, however, more expensive in comparison to legal programs in Ukraine and Colombia. Reserves can be attributed to lower surrogate compensation and lower agency fees, though agencies are technically forbidden in Canada.
How will the AHR Act changes affect Surrogacy Laws?
In 2019, authorities in Canada announced changes to the Assisted Human Reproduction Act, which regulates surrogacy contracts. These changes will remove financial incentives for surrogates. This will, in turn, make it harder to get surrogate mothers in Canada.
How can WCOB help in Managing Surrogacy Cost?
World Center of Baby offers excellent services to help manage the entire surrogacy journey. We offer agency-type services in Ukraine but at a lower cost, but we’re not behind in health care services and success rates. Our focus on transparency, safety, and low-cost makes it a safer, easier, and enjoyable journey for the intended parents and surrogate.