Surrogacy in Canada
Between 2001 and 2012, 803 IVF-conceived births were recorded for gestational surrogates in Canada (statistics on traditional surrogacies - in which the surrogate mother is also the egg donor - are not available).[2]
Canada has become a popular site for international surrogacy, in part due to its high-quality universal health care and relatively liberal regulations.
Legal restrictions
The Assisted Human Reproduction Act of 2004 makes it illegal to pay a surrogate mother, egg donor, or sperm donor. It also outlaws commercial "intermediaries" from arranging surrogacy services or matching prospective parents and surrogates. It establishes the minimum age for surrogate mothers at 21.[3]
The act allows for intended parents to reimburse a surrogate mother for out-of-pocket expenses incurred in relation to the surrogacy including, for example,
As of 2018, there has only been one conviction under the act: a 2014 case in which an Ontario company, Canadian Fertility Consultants, was fined $60,000 for purchasing eggs and paying surrogates.[5][6]
Quebec
Until it was repealed on June 6, 2023, Article 541 of the
International surrogacy
Canada has become an attractive location for foreign intended parents, who may not be able to legally enter into a surrogacy agreement in their home country. In 2016 and 2017, 45 of 102 babies born to surrogates in British Columbia had intended parents outside of Canada (nation-wide statistics are not collected).[10] While it is illegal under the AHRA for Canadians to pay a surrogate mother, Canadian surrogates may legally accept payment for surrogacy from foreigners, provided that the transaction occurs outside Canada.
Canada is one of the few countries which allows foreign surrogacy, and does not discriminate on the basis of marital status or sexual orientation. Its system of universal health care also relieves intended parents of covering the cost of pregnancy care, birth, and neonatal care.[10]
References
- ^ a b Morawetz, Colleen (November 20, 2015). "Whose Kid Is It Anyway? Parentage Contracts for Surrogacy in Quebec".
- PMID 27578354.
- ^ Branch, Legislative Services (June 9, 2019). "Consolidated federal laws of canada, Assisted Human Reproduction Act". laws-lois.justice.gc.ca.
- ^ "Surrogacy and IVF in Canada: What you need to know". toronto.citynews.ca.
- ^ "What should be done about Canada's assisted reproduction laws?" – via The Globe and Mail.
- PMID 24366888.
- ^ "Quebec surrogacy contracts may soon be recognized | CBC News".
- ^ "Article 541 - legislative History".
- ^ "Born to surrogate, child has no legal mother, Quebec judge rules | CBC News".
- ^ a b "How Canada became an international surrogacy destination" – via The Globe and Mail.