Surrogacy in Canada
Surrogacy is legal in Canada but there are still few restrictions in place that makes it ‘not that much preferred surrogacy destination’ amongst all the International couples.
Canada comes over as a country with the highest happiness index amongst the rest of the world and this is where it attracts thousands of couples from various parts of the globe as medical tourists every year around.
The intended parents are hence advised to go through all the facts and guidelines in advance before getting along with a surrogacy program or service in Canada. You may have to shell out in between $85,000 CAD and $90,000 CAD for surrogacy cost in Canada.
Surrogacy law in Canada
Only Altruistic surrogacy is permitted in Canada i.e the intended parents are not allowed to pay any extra monetary compensation to the surrogate mother for carrying the baby via surrogacy. Still, they are required to reimburse the total amount spent by the surrogate mother towards medical cost and other related aspects.
The surrogate mother in Canada doesn’t get any extra money for the surrogate program as it is the case in surrogacy in USA.
Guidelines for the surrogacy agency in CanadaAs per the recent ruling by the ministry of health affairs in Canada , the surrogacy agencies in the country can only offer paid services in regards to:
- Making certain recommendations to the intended parents in regards to the legal assistance required from lawyers, psychologists, fertility clinics, doctors, and hospitals.
- Delivering all kind of medical and legal counseling services to the intended parents on course of their surrogacy journey.
- Offering all kind of emotional and moral support to the couples during the continuation of the surrogacy program.
- Miscellaneous services in regards to the background check of the surrogate mother.
- Any type of support and assistance provided in regards to the accomplishment of documentation and legal formalities during the surrogacy process.
- Checking the verifying the reputation and background of the IVF clinics the intended parents are going to deal with.
- Assisting the intended parents in regards to their individual medical requirements.
- Placing meetings and agreements between Intended parents and the surrogate mother.
- Offering all the required Logistics support to the intended parents while also managing their travel arrangements.
- Helping the clients in managing their data in regards to all the expenses they have incurred during their travel to Canada
- Acting as a mediator between the intended parents and the surrogate mother for any required communication.
- Assisting and supporting the couples with their pregnancy planning and all the other kind of related activities.
- Facilitating any kind of diagnosing and testing work during the surrogacy process.
- Helping and supporting the couples in regards to the custody of the child after its birth.
- Ensuring all the care and support to the surrogate mother even after the conclusion of the Surrogacy program.
‘Need to know’ information for Intended couples seeking surrogacy in CanadaBeing an intended parent, you overall journey with surrogacy in Canada would bring lot of challenges and risk during the process. Therefore, staying aware about all of those challenges in advance would help you in keeping it up with them with utmost ease.
- Fertility clinics are required to sign agreement between intended parents and the surrogate mother before the commencement of the embryo transfer process.
- As per the Ontario parentage legislation the same agreement will then be used as a proof that the intended parents are the legal parents of the future child.
- The intended parents also need to ensure that the same agreement carries all the required details of their needs and expectation from the surrogate mother during the surrogacy program.
Gay surrogacy in Canada
The Canadian government has recently passed the ‘all families are equal’ act and this further means that the Ontario law duly provide the legal status to all the intended parents irrespective of their sexual orientation. Now this is something that has brought a new breath of life for all the same sex parents who were earlier going by the adoption process in order to realize their parenthood dreams in Canada
Parentage Declaration and Birth registration
Each province in Canada comes with their respective laws and regulation about how the birth of the child needs to be registered in Canada.
- The birth registration laws of the state where the child is born
- Existing parentage laws and citizenship guidelines of your own country.
- If you are bringing an egg or sperm donor to the surrogacy program, then the egg or sperm donor doesn’t qualify to become the parent.
- An Intended parent doesn’t stay eligible to become a parent by only the virtue of sex.
- During the surrogacy process, the birth of the future child can be registered to the name of four people and the gestational mother is then required to sign the consent right before 7 days of the birth.
- A surrogate agreement is meant for 1) the intention of intended parents to become the legal parents of the future child. 2) The intention of the surrogate mother to not become the legal parent of the child.
- A post-birth order coming from the parentage court has to be taken as the final verdict if nothing such is mentioned in the agreement.
- A lesbian intended parent is not required to adopt the partner’s child or seek the parental order in order to be recognized as a parent of the child.