Surrogacy In Canada
Gestational surrogacy is the term used when a surrogate mother carries a child conceived via in vitro fertilization or IVF. The IVF may combine the genetic material of intended parents, sperm of one partner with a donor egg, or the genetic mother’s eggs with donor sperm. The egg is fertilized in the lab and then transferred to the surrogate mother’s uterus.
Gestational surrogacy is legal in Canada. What is illegal is paying the surrogate mother for carrying the child, just as the Assisted Human Reproduction Act prohibits paying for sperm or eggs.
Traditional surrogacy occurs when the baby is genetically related to the surrogate, because the surrogate’s eggs are combined with the biological father’s sperm. Traditional surrogacy is legal in Canada, but it is not common. It sometimes takes place outside of a clinic setting, but it should always be considered after seeking professional legal advice.
Traditional surrogacy using a relative of one of the intended parents provides a genetic relationship between the parents and the child, though the same can be achieved by using a relative as the egg donor or sperm donor when creating the embryo for gestational surrogacy. However, the due diligence required when drafting the surrogacy agreement and paperwork required after the birth all the more important when using traditional surrogacy.
The Costs of Surrogacy
The Assisted Human Reproduction Act does not prohibit surrogacy. However, it makes it illegal to pay a woman to act as a surrogate. This has the benefit of lowering the cost of surrogacy in Canada compared to the cost paid in the US. However, there are costs associated with surrogacy in Canada.
Expect to pay reasonable expenses for the surrogate mother, legal fees and medical costs for yourself and the surrogate mother if going through the surrogacy process. And before you are daunted by the price of surrogacy, compare it to the cost of an international. And when you use a surrogate in Canada, there is no risk that the child won’t be allowed to leave the country it was born in or fail to be recognized by Canada as a citizen.
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