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Surrogacy in Canada

Surrogacy is an arrangement in which a woman agrees to carry and bear a child for another person or persons, referred to as the intended parents. The reasons for turning to surrogate motherhood can be different, it can be physiological inability, medical contraindications, it is a way out for single people and same-sex couples. Traditional and gestational surrogacy are divided. With the traditional method, the surrogate mother’s egg is used and she is genetically related to the child. In case of gestation, biological material of the intended parents or donors is used, the embryo is made by the method of in vitro fertilization (IVF) and implanted in the uterus of the gestational carrier. With this method, the surrogate mother is not related to the child. Surrogacy is legal in Canada, but laws vary by province. Only altruistic surrogacy is legal, in which the surrogate mother is compensated only for the costs of pregnancy and childbirth, and it is forbidden to receive monetary compensation for participation in the surrogacy process. Surrogate mothers must meet certain criteria. It is best to entrust the selection to an agency. Independent legal consultation of the surrogate mother and intended parents and the signing of a surrogacy agreement, which will detail all aspects of the process, are mandatory. After the birth of the child, in most provinces the surrogate mother is considered the mother of the child. So intended parents must go through a court process to have paternity recognized.

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