FAQs About Surrogacy for Single Parents in Canada

Surrogacy is a growing global phenomenon. This is due to the advancements in technology that make the treatment or process less costly and a bit easier to carry out. As the process grows in popularity, the laws and regulations surrounding it grow in different countries. Therefore, there are FAQs (frequently asked questions) about surrogacy for single parents in Canada that people should be aware of. It is crucial to be aware of the different aspects of the treatment before deciding to pursue it. It is also important to ensure that the treatment is done within the boundaries of the law surrounding the chosen country, as well as ethically. Carrying out thorough and proper research will ensure that the individual makes smarter and better choices about surrogacy treatment, especially as the treatment is complicated and not cheap.

What is surrogacy?

Surrogacy is a form of assisted reproductive technology where a woman who is referred to as the surrogate agrees to carry a pregnancy to term for another individual or a couple known as the intended parent or parents. The surrogate hands the baby over to the intended parents after delivery, and they assume parental rights over it. Surrogacy is a complex treatment; it requires a lot of preparation by both the intended parents and the surrogate before it can be done. There are a lot of consultations from professionals, extensive counselling, mental and psychological assessment of the surrogate and the intended parents, as well as medical fitness examination of both parties. There is also a lot of legal guidance for the intended parents by lawyers who are experts in the field.

What are the two types of surrogacy?

There are two widely recognized types or forms of surrogacy. They are the traditional and gestational forms of surrogacy. In traditional surrogacy, the surrogate uses her eggs to get pregnant. This is achieved by artificially inseminating her using the donated sperm from the intended father. In gestational surrogacy, the embryo is created in vitro using the donated sperm and egg from the intended parents or donors. The embryo is grown in the lab for a few days, then it is transferred to the uterus of the surrogate who then carries the baby to term and delivers. The main difference between both forms of surrogacy is that the genetic relationship that is present in traditional surrogacy is not found in gestational surrogacy.

Legality of surrogacy

Surrogacy is very controversial and has different regulations in different countries. The treatment is strictly regulated and even prohibited in some countries, while in others, there are no specific regulations that address the treatment. Countries like Georgia only allow commercial surrogacy for their citizens based on recent restrictions, while Russia does not allow surrogacy for gay couples. Canada and Australia prohibit gestational surrogacy and only allow altruistic surrogacy which can be viewed as a form of traditional surrogacy.

Cyprus and Kenya do not have any restrictions or regulations that directly address the surrogacy practice. Due to these different regulations, it is not uncommon for intended parents to leave their countries due to stringent surrogacy laws and move to another country to seek surrogacy for their less strict laws. Also, as the international intended parents may not be familiar with all the laws and regulations of surrogacy in the country in which they are seeking surrogacy, it may be necessary to go through a surrogacy agency for the treatment. These medical health travel agencies or meditour agencies that offer surrogacy do so as a form of overseas treatment or medical tourism to the international intended parents.

What is the cost of surrogacy?

The exact cost of surrogacy for single parents in Canada is difficult to determine hence, they are usually estimated. This is because, in Canada, it is illegal to pay for surrogacy. However, the out-of-pocket costs of surrogacy, like the medical expenses and other costs that directly link to the surrogacy process, may be refunded to the surrogate. This is why the exact cost of surrogacy is difficult to pin down due to the uniqueness of each surrogacy situation. 

For example, in the eventuality that the surrogate experiences a difficult pregnancy and is confined to extended bed rest, there will be more incurred expenses than in a situation where the surrogate had an uncomplicated pregnancy. The transportation costs also have to be considered, especially in the situation where the surrogacy lives far away from the clinic. It is important to know that surrogacy, or indeed any fertility treatment, is not a perfect science. This means that in some cases, several transfers or treatments may have to be made before achieving success. This will increase the overall cost of surrogacy as well.

What is the importance of lawyers in the surrogacy process?

Surrogacy lawyers are very important as they can help intended parents navigate the complicated surrogacy and fertility laws of a country. It is even advised to consult with a lawyer before even deciding to embark on the surrogacy treatment itself. For example, in Canada, the Assisted Human Reproductive Act governs the surrogacy process, even down to how the intended parents and the surrogate meet each other in the first instance. The lawyer mediates this meeting and helps ensure its legality, they will also help draft the surrogacy agreement between the surrogate and the intended parents. This will include setting out the legal obligations and rights of each party in the agreement, as well as the terms guiding the contract.

The lawyer is also important after the delivery as further legal steps will have to be done before the intended parents can legally assume legal parenthood of the baby. As stipulated by law, the surrogate must have her independent legal counsel. This is expected to be in place before any treatment is carried out. This independent counsel is meant to ensure that the surrogate understands her rights and obligations as stated by the surrogacy agreement.

Summary 

Single parents in Canada need to conduct adequate and thorough research before taking any action towards surrogacy. This is more so for countries like Canada that have very serious restrictions and regulations for surrogacy. They can go through some FAQs about single parents surrogacy in Canada to find out what is considered illegal in Canadian surrogacy programs. If after the research the single parent feels that the Canadian law is too strict to successfully carry out their surrogacy treatment there, they can then choose the international surrogacy route for surrogacy in more favourable countries.