Surrogacy in Canada – is it authorized?
Times have changed and so have the norms of today’s society. However, there are still some
countries where a concept like Surrogacy is not welcomed. In some countries, it is prohibited
and others it can be very stressful, as it requires a lot of legal work. Surrogacy in Canada can
be legally intricate, as you need a lawyer. However, before knowing more about the
complexities, you need to know what surrogacy means.
Definition and Types of Surrogacy in Canada
Surrogacy is a term, which literally means that a woman delivers a child for other couples.
Concisely, some women cannot get pregnant for various reasons like infertility in the woman or
homosexuality. When such a situation occurs, the couple takes help of a surrogate mother who
can give birth to their baby.
There are two types of surrogacy such as gestational and traditional surrogacy in Canada.
Gestational surrogacy involves the implantation of an embryo, which should be created hitherto.
This usually takes place in a formal medical setting such as a clinic. Whereas in traditional
surrogacy, the child is conceived through insemination which means that frozen or fresh sperm
is inseminated artificially. The substitute for this is one can be impregnated through intracervical
insemination or intrauterine insemination which is executed in a clinical setting too.
Is Surrogacy in Canada legal?
Surrogacy is certainly legal in Canada but the surrogate mother is not paid for it. There is no fee
involved in the process of surrogacy. Surrogacy laws in Canada states that under Section 6
surrogacy is not commercial and if you violate these laws, it is considered illegal. You cannot
give gifts or money to the surrogate mother. However, you can pay the surrogate mother for
expenses like medications, travel cost, food, clothing, etc. At the end of the day, she will be
giving birth to your baby so you ought to take care of her needs. The AHRA, which is the
Assisted Human Reproduction Act, states that you cannot pay a lady to be a surrogate mother.
It is also advisable to have a surrogacy contract and hire a lawyer. The lawyer should have
expertise in reproductive law. It is mandatory to have Canada surrogacy agreement because
without it, every step of yours will be considered illegal.
Surrogacy brings a ray of hope in various lives. It may not be acceptable in many countries but
in Canada, it surely is. All you would need is a lot of patience and abiding by the laws.