An Overview of the Legal Implications of Surrogacy in Canada

Surrogacy in Canada is legal for any child-seeking individual, regardless of sexual orientation However, certain surrogacy laws in Canada apply As you take your first steps in the same direction, becoming acquainted with the surrogacy prohibitions in Canada is critical.

Prohibitions pertaining to surrogacy in Canada

According to Canadian surrogacy laws, no one shall, in violation of Section 6 of the AHR Act:

● Hire a woman as a surrogate mother, promise to pay her, or publicize their willingness to do so

● Accept remuneration (something given or promised in exchange for something other than money) for establishing surrogate mother services, offer to do so in exchange for consideration, or promote the establishment of such services;

● Pay, promise to pay, or publicize paying someone else to make arrangements for a surrogate mother's services, such as those provided by a Canadian surrogacy agency.

● Advising, influencing, or performing any medical procedure on a woman to help her become a surrogate mother while knowing or having reason to believe that the woman is under the age of 21.

Moreover, Section 6 of the AHR Act includes the following prohibitions:

● Do not change the legal standing of any contract that a person signs to become a surrogate mother under Canadian surrogacy laws

● This means that the laws of the province in which the surrogacy contract is signed must be followed.

Why are these surrogacy prohibitions in Canada in place?

The restrictions are consistent with the guiding principles of the AHR Act It is strictly forbidden to use a person's ability to reproduce for financial gain on ethical and health grounds.

Compensation guidelines for surrogate mothers

It is illegal in Canada to offer, advertise, or pay a woman in money, commodities, property, or services to be a surrogate mother The AHR Act does not apply to:

● Surrogacy should be prohibited entirely unless a Canadian surrogate mother chooses to do so out of altruism (i e , without receiving compensation or another benefit)

● Making a woman who agrees to serve as a surrogate mother a criminal. It is illegal to pay, promise to pay, or advertise that a woman will receive compensation for carrying a child

● Although it is illegal to pay a surrogate mother, she may be compensated for out-of-pocket expenses directly related to her pregnancy by a Canadian surrogacy agency

● Arranging for the services of a surrogate mother

The following are prohibited in Canada under the AHR Act:

● To pay a third party, either directly or through an offer or advertisement, to secure the services of a surrogate mother This category includes paying a surrogacy agency in Canada that matches infertile couples with surrogate mothers

● To accept payment for the services of a surrogate mother Both advertising surrogacy arrangements and offering to make such arrangements are illegal.

Among these limitations are:

● exchange of goods or services, or a hidden payment that grants a third party financial or another gain in exchange for the arrangement of a surrogate mother's services

● This indicates that the AHR Act forbids paying third parties to find a surrogate mother Third parties include fertility clinics that match infertile couples with surrogate mothers In Canada, the use of sham payments and indirect payments during

surrogacy is prohibited Some examples include paying a surrogate mother's mortgage, credit card debt, or educational expenses.

In Canada, there are age restrictions for becoming a surrogate mother

To reduce the likelihood of young women being exploited, it is illegal in Canada to:

● Anyone who knows or should know that a woman is under the age of 21 should not give her advice or otherwise attempt to persuade her to become a surrogate mother

● When the individual knows or should know that the lady is under the age of 21, they are not permitted to perform a medical procedure (such as assisted insemination or the implantation of an in vitro embryo) to help her become a surrogate mother

Surrogacy Contract Regulations

Any surrogacy agreements signed between the intended parents and the surrogate mother must comply with the AHR Act as well as any provincial or territorial legislation Domestic and foreign laws may apply and have an impact on the surrogacy agreement depending on where the intended parents and surrogate mother live. Before engaging in surrogacy in Canada, legal counsel should be sought to address potential complications such as legal parentage, adoption, and citizenship issues

Website - https://bangkoksurrogacy.com

E-mail - info@bangkoksurrogacycom

Call - +91-9963968750