Frequently Asked Questions Related to Surrogacy in Canada
Is it legal to opt for surrogacy in Canada?
Surrogacy is legal in Canada. Federal law known as the Assisted Human Reproduction Act (AHRA) outlines both acts that are allowed and those that are outright forbidden. The AHRA authorizes surrogacy in Canada; however, intended parents must be aware that a surrogate may only be compensated for her reasonable out-of-pocket costs associated with the surrogacy procedure.
It is against surrogacy laws in Canada and subject to severe penalties to pay remuneration or make an offer of compensation to a woman who is serving as a surrogate. In Canada, being a surrogate mother is a legitimate and legal option for women who have already given birth to children and want to carry a child for another family.
Is it permitted to donate sperm, eggs, or embryos in Canada?
Egg, sperm, and embryo donation are legal in Canada, although a gamete donor is only eligible for reimbursement for surrogacy cost in Canada during donation. However, it is illegal and punishable by harsh fines to pay or give remuneration to a donor for his or her gametes or embryos. The regulation is stringent, but it also makes it feasible to engage into a donation agreement that complies with the law, and as a consequence, many children are born in Canada each year via surrogacy.
Why would a woman want to give birth to a kid just to give it away?
Most surrogate moms have children of their own, like being pregnant, and sincerely want to support a couple in sharing the pleasures of motherhood. Giving the kid to the parents is seen more as “giving back” to the parents than as “giving away” by them (since they were the ones that conceived the child either through IVF treatment or with their “intent”.) The phrase “I’m a 9-month babysitter” is frequently used by surrogate mothers because of this.
If the intended parents do not go through the pregnancy and delivery personally, how can they develop a strong bond with their child?
Children born through surrogacy in Canada are desired and cherished, just like children who are adopted or fostered. They might not have “grown under their mothers’ hearts, but they grew in it,” as the song puts it. Children need to feel liked and cherished because they flourish in a loving atmosphere. In addition to their biological parents, children born through surrogacy also have a surrogate mother and her family, as well as medical professionals, a surrogate mother’s family, attorneys, and occasionally egg or sperm donors. There is nothing more exceptional than that!
How significant are agreements and contracts? What do they define specifically in the arrangement?
Contracts and agreements serve as a roadmap for a surrogate mother and the intended parents on a variety of issues that arise (or may arise) throughout the relationship and demonstrate the “intent of the parties.” These agreements/contracts outline each party’s obligations, rights, and intentions prior to the embryo transfer. Confidentiality, parental rights, prenatal responsibility on the part of the surrogate mother, and surrogacy cost in Canada reimbursement are all covered by surrogacy contracts and agreements.
How enforceable is a gestational or traditional surrogacy contract in Canada if the intended parent changes her mind?
In a traditional surrogacy agreement, if the surrogate changed her mind, the contract wouldn’t be binding. For the kid to be taken away from her, she would need to be found to be unsuitable. Though it would rely on the judge’s ruling and the specifics of the case, there is no precedence for this in surrogacy laws in Canada (no surrogate mother has sought custody in a Canadian court). Given that he would be the biological father, the intended father would most certainly be granted visiting privileges; nevertheless, he would also be compelled to pay child support.
Whether or not a contract was in place, a gestational surrogate mother would have complete rights to the kid at delivery if she changed her mind (since Canada does not have “pre-birth orders” like in California). The intended parents would need to take legal action, and ideally the courts would acknowledge the contract’s original purpose and DNA testing demonstrating genetic parenthood. No one can say for sure if the intended parents would be able to assert complete custody of their kid because there are no precedent instances.