What is Surrogacy?
Surrogacy, the act of carrying a child with the intention of giving it to intended parents at birth, is legal in Canada. However, there are limitations around the kind of compensation that can be provided to a surrogate. The Assisted Human Reproduction Act governs surrogacy in Canada.
A surrogate can be a friend or family member, or can be found through a Canadian agency. Where you use the services of an agency or clinic, an agreement will likely be required and is strongly recommended.
Why are Surrogacy Agreements Important?
Surrogacy agreements are important for setting out the intentions, rights, and obligations of all individuals involved in the process of bringing a child into the world. They are also important tools for ensuring that individuals choosing to act as surrogates are protected. A surrogacy agreement can create some specificity and predictability around the kinds of expenses that will and will not be covered, and the process for reimbursement.
We will meet with you to discuss your needs, prepare a tailor-made agreement, and walk you through its terms to ensure you understand it and are comfortable with it. Alternatively, we can review a pre-prepared agreement for you and provide advice on its contents.
Can Surrogates be Compensated?
In general, intended parents cannot pay a surrogate in exchange for carrying the child, rather they can only compensate her for reasonable expenses incurred in relation to the surrogacy. This could include travel costs, healthcare costs not covered, loss of employment income for any period that she cannot work, or cost of the care of the surrogate’s dependents while she is unable.
How Does Someone Become a Legal Parent to a Child Born by Surrogacy?
Following the surrogacy, we can assist you to obtain legal parentage of the child either through a parentage application or by adoption.