What is a Surrogate, and How are they Impregnated?
A surrogate is a woman who carries a child on behalf of other people.1,4 She is impregnated through an assistive reproductive procedure, either through egg implantation or insemination.4 There are several configurations of sperm and egg that may occur when intended parents work with a surrogate to carry a child for them. The egg may come from one intended parent, a donor or a surrogate, and the sperm may come from one intended parent or a donor. The egg can be fertilized in vitro before being implanted or during insemination.
Is Surrogacy Legal in Canada?
Altruistic surrogacy is the only form of surrogacy allowed in Canada. In altruistic surrogacy, the surrogate chooses to carry the child without expecting or receiving financial or other gains.1,2 The surrogate cannot be paid for carrying the intended parents’ child. Commercial surrogacy, where a surrogate is paid for carrying an embryo or fetus, is illegal in Canada.1,2,3 According to the Assisted Human Reproduction Act (AHRA), advertising and selling surrogacy services and/or placing paid surrogates with intended parents are illegal acts across Canada.1,2 Also, a surrogate in Canada must be 21 years of age or older.1
How does Altruistic Surrogacy Work?
An altruistic surrogate carries a child for the intended parents without the promise of financial or other compensation.1,2 She can be reimbursed, though, for expenses related to the pregnancy and health of the growing child. The following lists give a sense of the types of expenses that may and may not be reimbursed for an altruistic surrogate as laid out in the AHRA:
Reimbursed Expenses for an Altruistic Surrogate
These expenses may be reimbursed:1,2,3- Maternity clothes
- Groceries (food items only)
- Prenatal exercise classes
- Prenatal testing and medical expenses
- Dependents and pet care during pregnancy-related activities
- Travel expenses
- Legal services
- Counseling services
- Insurance (life, travel, health and disability)
- Loss of work-related income if a doctor declares the surrogate should miss work to protect her or the child
Non-reimbursed Expenses for an Altruistic Surrogate
These expenses may NOT be reimbursed:1- Mortgage or rent
- School tuition
- Credit card bills
Surrogacy Agreement
Surrogacy agreements in Canada must respect the AHRA as well as all related provincial and territorial laws.1 If you’re considering surrogacy, seek legal advice before beginning a surrogacy relationship.1 That way, you can properly prepare for issues that could arise around parentage, citizenship and adoption.
Altruistic surrogacy may be a wonderful option for Canadian parents who need assistance carrying a child to term. For more useful information for parents to be, from caring for a newborn to what to expect when bringing a newborn home from the hospital, please visit our prenatal hub.
- https://www.canada.ca/en/health-canada/services/drugs-health-products/biologics-radiopharmaceuticals-genetic-therapies/legislation-guidelines/assisted-human-reproduction/prohibitions-related-surrogacy.html
- https://www.canada.ca/en/health-canada/services/drugs-health-products/compliance-enforcement/information-health-product/reimbursing-surrogacy-donor-expenditures.html
- https://laws-lois.justice.gc.ca/eng/regulations/SOR-2019-193/page-1.html#docCont
- https://www.pregnancyinfo.ca/before-you-conceive/human-reproduction/surrogate-pregnancy/