Surrogacy in Canada: Key Things to Consider!

Surrogacy in Canada: Key Things to Consider!

Are you thinking about becoming a surrogate or simply going about surrogacy in Canada as a way to expand your family? If so, continue reading the below mentioned key facts regarding surrogacy laws in Canada.

1. Surrogacy is legal and governed by federal law in Canada.

In Canada, surrogacy is permitted and is governed by the federal Assisted Human Reproduction Act (AHRA). However, some provincial rules, such as those governing who are legally acknowledged as the parent of a child, are also highly crucial.

2. Surrogates Can Only Be compensated for Expenses, Not Paid for Surrogacy Services Surrogacy in Canada is required to be "altruistic," according to the ARHA. As a result, the surrogate mother is unable to profit from her role. Surrogates are not allowed to receive a salary in Canada; instead, they can only be reimbursed or paid for a limited number of expenses by the intended parents.

All of the surrogate's allowable expenses must be supported by paperwork, like as receipts, and may also need formal approval from a physician from surrogacy clinics in Canada. This covers the surrogate's travel to medical visits, legal costs, counseling services, any goods or services that a doctor or midwife recommends in writing, as well as maternity wear.

Please refer to the Reimbursement linked to Assisted Human Reproduction Regulations or the Government of Canada's guidelines on this subject for a comprehensive list of acceptable expenses.

3. Prior to starting a pregnancy, you must have a surrogacy agreement.

According to Canadian law, a surrogacy agreement must exist before a surrogacy can take place. In accordance with Canadian legislation, the surrogate must also obtain independent legal counsel before signing the contract. Typically, the surrogate hires her own attorney (paid for by the intended parents) to examine the contract with her once the intended parents' attorney has drafted it.

Agreements for surrogacy in Canada cover all part of the procedure, including the period before, during, and after the pregnancy. It will outline the parties' objectives with regard to crucial issues including the child's parental rights, whether the surrogate will interact with the kid, whether a pregnancy will be terminated, how surrogacy cost in Canada will be take care of and so on.

Although not all provisions of a surrogacy agreement are literally enforceable (the surrogate ultimately decides whether to terminate a pregnancy, where to deliver the baby, etc.), they are nevertheless legally needed and prevent further disputes.

4. Legal parenthood depends on the province where the child was born.

The province where the kid is born, whether the intended parents have a genetic connection to the child, and if the surrogate has a genetic connection to the child will all affect the process for intended parents to have their parental rights recognized. The intended parents will be listed as the kid's parents in line with the legislation in the country where the child is born thanks to the assistance of a fertility law attorney.

Before selecting a surrogate, it is advised that you consult a lawyer about the matter because provincial surrogacy legislation might differ significantly. If you are not from Canada, you should also research the legal requirements for returning home as your child's legal parents by consulting a local attorney.

5. It's possible that Canadian health care may not cover the surrogate child

Health care in Canada is renowned for being "free." For intended parents who are from outside of Canada, medical insurance for a child born to a surrogate after birth is crucial.

While the surrogate and the kid will continue to receive free medical treatment before and throughout the birth during surrogacy in Canada, the child's postnatal care may no longer be covered by Canada's public health care system.

In order to prepare for any medical expenses related to the care of the child, prospective parents should make sure they do their homework and have health insurance in place for the child.

There are federal and provincial legislation that are relevant before, during, and after the birth of a child through surrogacy in Canada. So, to ensure that your surrogacy journey goes ahead without any hassle, having the correct legal counsel is critical.

Hence, you must always connect with the best surrogacy clinics in Canada for your respective surrogacy requirements.