Surrogacy in Canada
Surrogacy in Canada has become gradually a common option for straight, same sex couples and single individuals looking to start their families, this is due to the increase of infertility issues and a growing visibility of non-traditional families.
Canadian society continues being more and more comfortable with non-traditional families and alternative fertility processes. The changes in the society are leading to the development of more comprehensive legislation about surrogacy.
Is Surrogacy in Canada legal?
Contrary to popular belief, surrogacy agreements are legal in Canada; what is illegal is paying a woman to be your surrogate (also known as “commercial surrogacy”). This means that if a woman decides to become a surrogate mother in Canada, it must be an altruistic act and with the purpose of obtaining revenue. The Assisted Human Reproduction Act (AHR Act) prohibits paying a gestational carrier for her services; however it is legal to reimburse a surrogate for her reasonable expenses as a result of the pregnancy or surrogacy process.
If you are going to pursue surrogacy in Canada, you need to know that the Canadian regulation related to third party reproduction can be split into two groups:
- The Assisted Human Reproduction Act (AHR Act), which gives a legislative framework at the federal level, and
- The provincial law which can be based on legislation or case law. Provincial regulation is used to establish parentage of any child born via surrogacy.