Surrogacy in Canada is legal thanks to the Assisted Human Reproduction Act, so, as intended parents, you can achieve your parenthood dream in Canada, and as a surrogate, you can give the gift of life to some parents. Nevertheless, there are local regulations that can create some complexity regarding birth certificate process and the surrogacy agreements, and that makes that in some provinces, surrogacy agreements are void, for example in Quebec.
As we said, surrogacy in Canada is legal, but there are some important restrictions, only altruistic surrogacy is legal, what does it mean? That prospective parents cannot pay a woman to be a surrogate, like it happens in the US, however, a surrogate can be compensated by any pregnancy-related expenses she could have if she presents a ticket. Is traditional surrogacy allowed in Canada?
The answer is yes, thought the most common type of surrogacy is gestational surrogacy. In this kind of surrogacy, surrogates are also known as gestational carriers. The main difference between both surrogacy types is that in a traditional process the surrogate provides her eggs so there will be a genetic connection between the baby and her, while in gestational surrogacy the eggs come from the prospective mother or an egg donor.
Also, it’s important to know that agencies in Canada are not permitted to match intended parents and surrogates, they only can provide consultancy services, so how to find a surrogate? Naturally, you can get in contact with a surrogacy agency and they will support you during the surrogate mother search making the process a bit easier thought it never will be as straight forward as in the US.
Only altruistic Surrogacy is allowed in Canada
As surrogacy is based on altruism, the cost of a surrogacy journey is cheaper in Canada than the US, this makes that a lot of intended parents turn into Canada to become parents. The number of processes has increased in the last year, making that the number of intended parents is higher than number of potential carriers, creating a shortage of surrogates and lengthen the process of finding a surrogate.
Provincial regulations also will have an impact on the process of getting the birth certificate and passing the parental rights from the carrier to the prospective parents, as well as, in the number of parents that can be named in the birth certificate. For example, in Ontario, up to 4 parents can appear in the BC while in British Columbia you can have up to 5 parents (surrogate, intended parents, egg donor and sperm donor).
Regulations surrounding surrogacy in Canada can be difficult to understand, so whether you are a potential surrogate or an intended parent, before embarking into a surrogacy process in Canada, you must get in contact with a reputable family attorney. You can look for Canadian surrogacy professionals in this directory Surrogacy Directory: https://surrogacyca.com/ Here you can find more about Canadian surrogacy laws:
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