Surrogacy in Canada
Surrogacy is a widely misunderstood process, often shrouded in controversy and misconceptions. However, it offers a lifeline to many couples who are unable to conceive on their own. In Canada, surrogacy is a viable option for those struggling to conceive, and there are legal provisions that protect all parties involved.
What is surrogacy?
Surrogacy is a medical and legal arrangement where a woman, called the surrogate mother, carries a child for another couple or individual, known as the intended parents.
There are two main types of surrogacy: traditional surrogacy and gestational surrogacy.
Traditional surrogacy: The surrogate mother's egg is fertilized with the intended father's sperm or with donor sperm. In this type of surrogacy, the surrogate is genetically related to the child. Traditional surrogacy has become less common in recent years due to the legal and emotional complexities involved.
Gestational surrogacy: The intended parents' egg and sperm are fertilized and implanted in the surrogate mother's uterus. With gestational surrogacy, the surrogate is not genetically related to the baby. This type of surrogacy is preferred by many couples as it allows for a genetic connection between the intended parents and the child.
Surrogacy is a complex and emotional journey that requires careful consideration and planning. With the help of medical professionals, legal experts, and a supportive community, surrogacy can be a viable option for many couples to start or expand their families.
Legal Aspects of Surrogacy in Canada
In Canada, surrogacy is legal, but the laws surrounding surrogacy can vary from province to province.
The federal law stipulates that commercial surrogacy is illegal, meaning that a surrogate mother cannot receive payment for carrying the child. However, the intended parents can cover the surrogate mother's expenses, including medical and legal fees, and other related costs.
Note: While commercial surrogacy is illegal, altruistic surrogacy is allowed. Altruistic surrogacy refers to a situation where the surrogate mother does not receive any payment for carrying the child but rather does so as a selfless act to help another family.
A surrogacy agreement is a legally binding contract that outlines the rights and responsibilities of all parties involved.
These agreements cover issues such as the surrogate's medical care, the intended parents' financial obligations, and what happens if there are any complications during the pregnancy.
Surrogacy agreements are not enforceable in all provinces in Canada. In some provinces, such as Quebec, surrogacy agreements are not recognized by law. It is important for intended parents to understand the laws in their province before entering into a surrogacy agreement.
Laws surrounding parentage and citizenship can vary from province to province.
In some provinces, the surrogate mother may be recognized as the child's legal parent until a Declaration of Parentage is obtained.The intended parents must apply for a Declaration of Parentage, which legally recognizes them as the child's parents.
In other provinces, surrogate mothers are not the legal parents of the child, and have no legal rights or responsibilities once the child is born.
The child born through surrogacy is entitled to Canadian citizenship, regardless of the surrogate mother's citizenship status.
Finding a surrogate in Canada
Various options are available for intended parents looking to find a surrogate mother.
Surrogacy agencies: These agencies provide support and guidance throughout the surrogacy process, including finding a suitable surrogate and managing the legal and financial aspects of the process. Working with a reputable and established surrogacy agency can ensure a smooth and secure surrogacy process.
Independent surrogacy arrangements: Finding a surrogate mother through personal networks or online platforms. While independent surrogacy arrangements can be more cost-effective than going through an agency, various risks are also involved, including potential legal and medical issues. It is vital to seek legal and medical advice before pursuing an independent surrogacy arrangement.
Online forums and support groups: These platforms provide a space for connecting with other couples, surrogate mothers, and industry experts, offering advice and support throughout the surrogacy process. However, it is essential to exercise caution when using online forums and support groups. You should always verify the information you receive and seek professional advice before making any decisions.
Canadians today are choosing to work with domestic and international surrogate mothers. More information on the costs of these options can be found here.
If you are considering surrogacy or actively pursuing a match, your Sprout Family Building Advisor can support you with guidance on agency or surrogate selection.
The Medical Process of Surrogacy
The surrogacy journey typically begins with fertility clinics and specialists who support the conception and provide medical care and support to the surrogate mother throughout the pregnancy.
Testing: Fertility clinic testing will evaluate the intended parents and the surrogate mother's medical histories and provide treatments to increase the chances of a successful pregnancy.
In-vitro fertilization (IVF) and embryo transfer: The most common method of fertilization used in surrogacy is in-vitro fertilization (IVF). IVF involves fertilizing an egg with sperm outside the body in a lab and then transferring the embryo into the surrogate mother's uterus. The embryo transfer procedure is performed in a fertility clinic and is often combined with hormone therapy to increase the chances of a successful pregnancy.
Prenatal care and monitoring: Throughout the pregnancy, the surrogate mother will require regular prenatal care to monitor the baby's development and ensure that both the surrogate mother and baby are healthy. Prenatal care may involve regular doctor visits, ultrasounds, and other medical tests to monitor the pregnancy's progress.
Mental and emotional well-being is also important for successful surrogacy. Surrogate mothers must undergo screening with a licensed therapist to ensure they are in a good mental health position.
Why do women choose to be surrogates in Canada?
Surrogacy is a deeply personal and emotional journey for the surrogate mother as well. Many surrogate mothers choose to become surrogates to help others start or expand their families. They are often motivated by a desire to give the gift of life and provide hope to those who may have thought starting a family was impossible.
We’re here to help!
The legal protections and medical advances in Canada make surrogacy safe and secure. Your Sprout Family Building Advisor will support you through the legal and medical aspects of the surrogacy process and help connect you with reputable surrogacy professionals to ensure a successful and positive experience for all parties involved.
