Surrogacy in Canada
Surrogacy in Canada is legal but restricted, with the various provinces handling most of the bureaucracy. The law allows for altruistic surrogacy only, meaning that surrogates cannot receive payment beyond out-of-pocket expenses. It is not permitted for agencies to professionally match surrogates with future parents for payment, nor can they charge money for overseeing a surrogate's cycle or pregnancy. Essentially, Canadian law dictates that every surrogacy journey must be an independent one. Nevertheless, some "consultancies" find ways to work within the legal boundaries to offer agency-like services. These consultancies connect parents with qualified surrogates and facilitate the surrogacy contract through a Canadian lawyer. They may also coordinate clinic services to help progress the journey. While this practice is common, there have been instances where consultancies have been shut down by Canadian authorities for exceeding legal limits.
Is surrogacy legal in Canada?
Canada allows for surrogacy under the Assisted Human Reproduction Act (AHRA), a federal legislation that outlines what activities are allowed and what are prohibited. It is important for intended parents to understand that while surrogacy is permitted under the AHRA, surrogates can only be reimbursed for their reasonable out-of-pocket expenses related to the surrogacy process. Offering compensation to a surrogate is against the law and carries severe penalties. However, if a woman has already had her own children and desires to carry a child for another family, becoming a surrogate mother in Canada is a legitimate and viable choice.
Is it permissible under Canadian law to donate eggs, sperm, and embryos?
Yes, egg, sperm, and embryo donation are legal in Canada under the Assisted Human Reproduction Act (AHRA), which outlines permitted and prohibited activities. Canadian law allows for reimbursement of expenses incurred by gamete donors, but prohibits compensation for donation. Violation of this rule carries serious penalties. Despite these restrictions, the legislation allows for legally compliant donation arrangements, resulting in the birth of many children in Canada each year
Amendments to Regulations on Surrogate Compensation.
During the summer of 2019, modifications to the AHRA Act, which governs surrogacy in Canada, were declared by the Canadian government. These alterations encompass various aspects, one of which is a more precise elucidation regarding the reimbursement of a surrogate's expenditures. Under the updated regulations, it is deemed unlawful to reimburse surrogates for any expense unless they possess a tangible receipt, with the exception of mileage. Consequently, there exists no monetary motivation to engage in surrogacy, despite the fact that Canadian surrogates appear to find emotional fulfillment in this practice.