Is Surrogacy in Canada Legal?
Surrogacy in Canada is legal but restricted
Many people incorrectly assume that Canada does not allow surrogacy; however, this is not true.
Surrogacy in Canada is legal but restricted because commercial journeys are not allowed. Women in Canada can act as surrogates, but they need to have altruistic motivations rather than monetary ones. We will examine what that means and the impact that it has on surrogacy in Canada.
Altruistic Surrogacy
This type of journey is not exactly unpaid, but the surrogate does not charge a fee for her services. The compensation that is paid for the surrogate are any that are directly associated with pregnancy expenses. This may be food, clothing, mileage, medical, and comfort allowances. Women may also be compensated extra for carrying twins, having a c-section, or other complications. Some of these fees may result in a profit for the surrogate, but she cannot charge a separate fee.
Some Interesting Facts About Surrogacy in Canada
Numbers Speak For Themselves
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Surrogacy Agreements per year
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Babies were born to gestational surrogates between in 2017
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Surrogacy has increased in the last decade
These numbers demonstrate an increasing acceptance of surrogacy by society and positive evolution of legal framework for gestational surrogacy.
Surrogacy Regulations
Surrogacy in Canada is governed by the Assisted Human Reproduction Act (AHRA), however, each province and territory has their own regulations that address parentage after surrogacy.
Provincial Regulations
The federal law governing surrogacy in Canada has, to some extent, different implementations in different provinces. There are also places in Canada where surrogacy is not allowed, for example Quebec. Intended parents cannot pursue surrogacy in those areas.
Babies born via surrogacy in Canada are eligible for Canadian citizenship.
Locating a Surrogate
Locating surrogates in Canada can take longer because as surrogacy must be altruistic, the number of surrogates is not as high as the number of prospective parents. Canadian regulations indicate that the surrogate can only be paid if she has a receipt showing services or fees paid, so this makes surrogacy less appealing for potential surrogates.
Cost of Surrogacy
Since intended parents are not paying a surrogate fee, surrogacy is cheaper in Canada than the US. Though often cheaper, it is not an inexpensive process, because you will need to reimburse the surrogate expenses, pay for IVF treatments, legal advice, and other needs. The costs can be minimized due to the public healthcare system in Canada.
Agencies in Canada are not allowed to provide matching services.
While Canadian laws seem much stricter, Canada’s healthcare system and regulations can make surrogacy appealing. It is a longer process, but it has benefits as well. Do your research before beginning a surrogacy journey, however.