FAQs about Surrogacy in Canada 

Surrogacy is a type of fertility treatment that is gaining popularity globally. This is due to the advancements in technology, the cost discrepancies in different countries, and the availability of agencies that can help make the treatment less stressful. As the treatment gains more popularity, it can lead to its abuse, and also the restrictions and regulations guarding it. Before deciding to pursue surrogacy, it is important to be aware of all the facts about it. We will discuss some frequently asked questions (FAQs) about surrogacy in Canada.  

It is also important to ensure that the treatment is done within the boundaries of the law in the chosen country. It is also important to conduct the treatment ethically. This proper research will ensure that the person involved will make better choices about the surrogacy proceedings. This is because the treatment is drawn out, complicated, and not cheap.

What is surrogacy?

Surrogacy is a type of assisted reproductive technology that involves a woman accepting to carry a pregnancy and deliver a child for another person or couple. The woman is referred to as the surrogate, while the other party is called the intended parent(s). The intended parents take the baby after the delivery and assume legal parenthood and parental responsibilities. Surrogacy is a complex treatment. It requires careful planning and preparation before it can be done. 

Surrogacy requires a lot of consultations from professionals who are knowledgeable about the process. Because the process is an emotional rollercoaster, counselling will be necessary for the intended parents and the surrogate before, during, and maybe after. Medical fitness for the surrogate and the intended is also an important index to consider before the surrogacy, as the process takes a toll on them. Finally, surrogacy requires expert legal advice and guidance to navigate the complex and confusing laws that guide it in most countries.

What are the types of surrogacy?

Surrogacy can be altruistic, commercial, traditional or gestational. However, two forms of surrogacy are widely recognized; the traditional and the gestational. In traditional surrogacy, the surrogate gets pregnant using her eggs with artificial insemination using sperm from the intended father. In gestational surrogacy, the embryo is created using sperm and eggs obtained from the intended parents or donors. The embryo is then grown in the lab for a few days and then transferred to the surrogate’s uterus. She then gives birth to the child after carrying it to term. 

The main difference between the two is the presence of a genetic link between the surrogate and the baby in traditional surrogacy which is not present in gestational surrogacy. Altruistic surrogacy is the type of surrogacy which is done without the intention of profiting financially from it. Meanwhile, commercial surrogacy is the type where the surrogate expects and is given financial or other forms of compensation after the surrogacy process.

Is surrogacy legal in Canada?

Surrogacy is a controversial treatment and is regulated differently in different countries, but it is legal in Canada. Some countries ban the treatment totally, but in others, there are no specific laws for surrogacy, so it is freely carried out in those countries. Canada allows only altruistic surrogacy and prohibits commercial surrogacy in all its forms. 

Due to the disparity in these regulations found in different countries, it is not uncommon for intended parents to go to countries with less strict regulations or more economic surrogacy processes or both, to get their surrogacy treatment done. In this case, the intended parent must seek the help of a surrogacy agency that can help them navigate the legal, medical, and other challenges that are faced when seeking surrogacy. This is because they are new in the country and are usually not familiar with how things work.  

Is commercial surrogacy allowed in Canada? 

No, a commercial form of surrogacy is illegal in Canada. This is a one of the frequently asked question (FAQs) about Surrogacy in Canada. The surrogate mother is not paid for her service. She is only to be reimbursed for her expenses in the surrogacy process. These expenses can include the following: 

• medical expenses throughout the pregnancy
• legal fees, etc. 

Is surrogacy expensive in Canada?

The cost of surrogacy in Canada is usually an estimated cost. Determining the exact cost is usually impossible to do. A major part of the reason for this is the prohibition of commercial surrogacy in Canada. The intended parents can only refund the surrogate her expenses that are directly tied to the surrogacy process. 

Also, because each surrogacy treatment is unique, estimating the cost using a previous treatment would be erroneous. A good example of this is in the instance that the surrogate experienced a difficult pregnancy and delivery and then was confined to extended bed rest. There will be more expenses incurred than would be seen in an uncomplicated pregnancy situation. 

Other costs like wage loss and transportation would have to be considered as well, especially if the surrogate has dependents or lives in a very far area from the treatment clinic. Another factor that may affect the cost of surrogacy is the number of times the process was carried out before a baby was born. 

How do I find a surrogate in Canada?

Finding a surrogate on your own in Canada can be stressful if you do not know anybody there. This is another frequently asked question (FAQs) about Surrogacy in Canada. Finding someone whose values match yours can be like picking a needle from a haystack. This is the reason it is advisable to do personal research and contact a trustworthy surrogacy agency. A good surrogacy agency will have enough knowledge of the surrogacy process in Canada and the new laws. It might cost a little more than when you do it alone. Ultimately, it is better to contact a trusted surrogacy agency to find a surrogate in Canada.

What is a declaration of expense?

This is a normal part of surrogacy in Canada, the document that states all the expenses that were incurred by the surrogate during the surrogacy treatment. It is provided by the surrogate, and the declaration usually contains the following:

• The name and address of the surrogate 
• The nature of the expenditure 
• The amount reimbursed 
• The date of the expenditure 
• In the case of travel expenses, the address points of departure, the destination and the distance covered in kilometres 
• A statement saying that the expenditures were in the course of the surrogacy 
• A statement for each of the expenses for the surrogacy 
• A statement for each expenditure that was reimbursed by another source other than the intended parents. This is to avoid double recovery. 
• A statement saying that all the information contained in the declaration is accurate and complete 
• A copy of the doctor’s note or written recommendations authorizing the expense

After the reimbursements, the intended parent or any of their representative agents must sign the declaration that they have refunded the surrogate.