Surrogacy in Canada is permissible given to the adherence of certain rules and regulations. So, if you are intended parent looking forward to a smooth and risk free surrogacy in Canada, you must take a detailed look into each and every such aspect.
Legal obligations related to the surrogacy cost in Canada
In Canada, it is illegal to offer, advertise, or pay a woman to be a surrogate mother in money, commodities, property, or services as a part of surrogacy cost in Canada. The AHR Act would not:
• ban surrogacy altogether, provided that a Canadian surrogate mother chooses to do so out of altruism (i.e., without receiving compensation or another benefit);
• deem a woman as a criminal while consenting to serve as a surrogate mother. It is forbidden to pay, promise to pay, or advertise that a woman will receive consideration in exchange for carrying a child.
• Although it is illegal to pay a surrogate mother, she may be compensated for out-of-pocket expenses specifically connected to her pregnancy.
What do “indirect” and “disguised” payments mean?
The AHR Act prohibits payments that are both indirect and covert. They might involve compensating a surrogate mother for Mortgage, credit card debt, or educational costs. Moreover, AHR Act makes the following prohibited in Canada:
• To make a payment to a third party or surrogacy agency in Canada to secure the services of a surrogate mother, either directly or through an offer or advertisement. Paying a surrogacy agency in Canada that matches infertile couples with surrogate moms falls under this category.
• To take payment for organizing a surrogate mother’s services. Advertising surrogacy arrangements and offering to make such arrangements are both prohibited.
Among these restrictions are:
exchange of products or services, or a covert payment that grants financial or other gain to a third party in exchange for the arrangement of a surrogate mother’s services
This indicates that paying third parties to recruit a surrogate mother is prohibited by the AHR Act. Fertility clinics that pair infertile couples with surrogate moms are examples of third parties.
The use of sham payments and indirect payments is prohibited. Paying a surrogate mother’s mortgage, credit card debt, or educational expenses are a few examples in the same context.
Age requirement to become a surrogate mother
In order to lessen the likelihood that young women may be exploited, it is illegal in Canada for :
• Any individual who knows or should know that a woman is under 21 years old should not give advice or otherwise attempt to convince her to become a surrogate mother is prohibited.
• When the individual knows or should know that the lady is under the age of 21, they must not perform a medical operation (such as assisted insemination or the implantation of an in vitro embryo) to aid her in becoming a surrogate mother.
The importance of the Surrogacy Contract
The AHR Act, as well as any provincial or territorial legislation, must be respected in any surrogacy agreements signed between the intended parents and the surrogate mother. Moreover, domestic and foreign legislation may also apply and may have an impact on the surrogacy agreement depending on where the intended parents and surrogate mother reside.
Also, to deal with potential complications including legal parentage, adoption, and citizenship issues, legal counsel should be sought before participating into a surrogacy partnership. So, regardless of whether you are pursuing gay surrogacy in Canada or else, you got to adhere with such regulations.
Key Principles associates with Surrogacy in Canada
• The health and welfare of children must come first when using AHR technologies;
• The health, safety, dignity, and rights of those impacted by the use of AHR technology will be protected with the support of suitable measures;
• Women’s health needs to be safeguarded because AHR technologies influence women more than men;
• Prior to the use of these technologies, free and informed consent must always be obtained;
• AHR technology users cannot be subjected to discrimination;
• Commercial trade and the exploitation of a person’s ability to reproduce, whether a woman, a man, or a child, is wrong for moral and health reasons;
• Human diversity and originality must be preserved and protected.
