Frequently Asked Questions About Surrogacy for Canadian Families

Surrogacy is a growing phenomenon globally, as well as the need for improved laws and technology around it. It is important to be fully appraised about every aspect of it before embarking on the journey. It is also crucial to ensure that the arrangements made about it are done ethically and within the legal boundaries of the location where the surrogacy is to be carried out. Having adequate research will also ensure that the couple or individual makes better and smarter choices about surrogacy as well. In this article, the most frequently asked questions about surrogacy for Canadian families will be addressed.

What is Surrogacy?

Surrogacy is an arrangement where a woman who is referred to as the surrogate, agrees to carry a baby to term and deliver it for a couple or an individual who is referred to as intended parents. Surrogacy can be done within a country or it can be done internationally. International surrogacy is when the intended parents travel to another country to carry out surrogacy. This is a form of overseas medical treatment, and it is usually made easier by medical travel agencies or meditour agencies. It can also be referred to as medical tourism or health tourism.

What are the types of surrogacy?

There are two widely recognized types of surrogacy, they include:

Commercial surrogacy 

Also called gestational surrogacy, this is the type of surrogacy where a surrogate agrees to carry and deliver a child for the intended parents for payments or financial compensation. This type of surrogacy is widely practised and recognized because it is very straightforward. It is also the more expensive type of surrogacy. In this type, the egg and sperm are obtained from the intended parents or by donors then, fertilization is done in vitro. The resulting embryo is then transferred to the uterus of the surrogate after some days, where it stays for the duration of the pregnancy and is delivered. This way, the child has no genetic relationship with the surrogate and this makes it easier for the transfer of parenthood after the birth. This type of surrogacy is illegal for foreigners but legal for citizens.

Traditional surrogacy 

This is also called altruistic surrogacy. In this type, the surrogate carries out the surrogacy for altruistic reasons; this means that she is not paid for the service. The surrogate’s egg and sperm from a donor are used for embryo creation. The sperm is inseminated through ART techniques. This also means that the baby has a genetic relationship with the surrogate. Also, while the surrogate is not financially compensated for her service, her medical costs and other charges that are directly related to the surrogacy are expected to be covered by the intended parents. This is the type of surrogacy that is allowed in Canada. It is also not popular with fertility agencies.

What is the cost of surrogacy in Canada?

The exact cost of surrogacy is not easy to determine in Canada. This is because although it is illegal to pay for surrogacy in Canada, the medical costs and expenses directly related to the surrogacy are expected to be covered by the intended parents. This means that the exact costs of these expenses will be hard to pin down because each situation is different. If the surrogate has a complicated pregnancy and is then confined to bed rest, the incurred expenses will be more than the surrogate that had a hitch-free pregnancy. 

Also, if the surrogate lives far away from the clinic or hospital, the costs incurred on transportation would be higher. So, to avoid these uncertainties, surrogacy agreements that are done before the process contractually limit the amount that intended parents will legally be liable to reimburse a surrogate for reasonably incurred expenses. It is also worth knowing that surrogacy and IVF is not a perfect science. In some cases, a surrogate undergoes several transfers, which increases the overall cost of surrogacy. This is why the exact costs of surrogacy are not easy to pin down.

What is the role of lawyers in surrogacy?

A surrogacy lawyer can help intended parents navigate the complicated surrogacy and fertility laws. It is very important to consult with a lawyer even before deciding on the surrogacy process itself. This is because, in Canada, the Assisted Human Reproductive Act governs the surrogacy process, even down to how the surrogate and the intended parents meet each other in the first instance. The lawyer will also mediate in the agreement between the surrogate and the intended parents. They will also help set out the legal obligations and rights of each party in the agreement, and terms guiding the contract. After the delivery of the baby, further legal steps will also be carried out by the lawyer, so that the intended parents will assume legal parenthood of the baby and not the surrogate or her partner if any. 

The surrogate will also be expected to have her own separate and independent legal counsel as stipulated by the law. This is expected to be in place before the insemination or embryo transfer as the case may be. This independent counsel ensures that all the parties, especially the surrogate understand the rights and obligations stated by the agreement. Reputable clinics or agencies will refuse to perform an insemination or transfer on a surrogate without first making sure that they have obtained the required independent legal advice. It is also important to note that the same law firm that is representing the intended parents cannot also represent the surrogate at the same time. They must be represented by two different firms.

Summary 

Intended couples need to do adequate research before any action is taken towards surrogacy, especially in countries like Canada that has severe restrictions on the surrogacy issue. If after the research, the intended parents feel that the Canadian laws are too hard to navigate through, they can then choose to embark on international surrogacy in favourable countries. This can also be a form of health tourism or medical tourism, where they use agencies to achieve their surrogacy dreams abroad.