Not everyone is blessed enough to be able to conceive a child due to various reasons. For such people, there is an option of surrogacy in Canada or adoption.
If you are considering one of these two routes to conceiving a child, you have come to the right place.
Our adoptions and fertility lawyer has created an in-depth guide to help you understand your options.
What is Surrogacy in Canada?
Surrogacy is the process whereby a woman carries a child through pregnancy and delivers it to another person or couple. Many couples who can’t carry the child themselves go through this route for various reasons.
There are two types of surrogacy arrangements in Canada, which include the following:
Traditional Surrogacy Arrangement
In this type of arrangement, the surrogate mother will be the biological mother of the child. The egg of the surrogate will be fertilized through artificial insemination.
This type of surrogacy is much less common than the one we will discuss below.
Gestational Surrogacy Arrangement
This is one of the most common types of surrogacy arrangements you will find. The child will not be linked biologically with the surrogate.
Instead, the surrogate mother will carry the child using the intended parent’s sperm and egg or donated gametes. There will be no genetic or biological connection of the child with the surrogate mother.
Reasons to Opt for Surrogacy in Canada
Families can opt for surrogacy in Canada for various reasons. The most common reason is that the intended parents can’t reproduce, making surrogacy a norm among various groups.
If you have attempted to become pregnant, whether naturally or artificially, but have been unsuccessful, then you can opt for surrogacy in Canada.
The most common reasons to opt for surrogacy include the following:
- Maternal age
- Limited success with IVF treatments
- Personal choice
- Health problems because of which reproduction is unsuccessful
- Same-sex couples
- Conditions that might prevent pregnancy or make it risky
- Infertility that can’t be explained or treated
If you are also experiencing any of the reasons mentioned above, then you can opt for surrogacy in Canada. It will enable you to have a child without attempting to get pregnant.
Is Surrogacy Legal in Canada?
Yes, surrogacy is legal in Canada. However, the AHRA (Assisted Human Reproduction Act) is the federal legislation that sets out any activities prohibited and permitted in surrogacy in Canada.
Please note that surrogacy’s legal implications will also differ depending on where you live in Canada. For example, in British Columbia and Ontario, the intended parents can register as legal parents.
However, in other provinces in the country, the parental rights are transferred to the intended mother using a court order within a week or two of the delivery.
Limitations to Surrogacy Based on Canadian Law
The AHRA is an important law you must understand before you opt for surrogacy in Canada. It sets out some activities that will be illegal while you opt for surrogacy.
According to the Act, it is illegal to:
- Pay or offer to pay another person or place an advertisement to arrange services of the surrogate mother
- Pay a surrogate mother for her services
- Advise or conduct any medical procedures to help the woman become a surrogate mother when the person knows or should have known that the woman is under 21
According to the Act, a surrogate mother is any woman who carries the embryo or fetus to surrender the child at birth to another person or the donor.
The child can be conceived through an assisted reproduction procedure and derived from the genes of one or more donors.
Surrogacy Agreement by a Lawyer
It is important for you to hire a fertility lawyer in Canada to help you create an agreement with the intended parents and surrogate mother by respecting the AHR Act and any other provincial or territorial law.
Depending on where the involved parties live, foreign laws can also apply. So, we recommend you seek legal advice from our fertility lawyer in Canada before you enter into a surrogacy agreement.
The agreement will help you deal with any issues that may arise, such as citizenship, adoption, and much more.
How Does Surrogacy Work in Canada?
Understanding how surrogacy works in Canada is crucial to prepare you for the journey ahead. Whether you plan on being the surrogate mother or intended parent, here are the steps that are included in the surrogacy process in Canada:
1. Creating a Profile with the Surrogacy Agency
The first step in the surrogacy process in Canada is to create a profile for a surrogacy agency. Such an agency is responsible for providing you with potential surrogates that you can meet and match.
There are many such agencies in Canada, and every province has its own agencies from which you can choose. A quick Google search will provide you with the information you require.
2. Medical and Psychological Screening
Once you have found a potential surrogate, then it is time for the medical and psychological screening. This is done to ensure that there are no issues with the surrogate’s physical and mental health.
If there are issues during this process, then the agency may match you with another potential surrogate. The reason for this is to ensure that you can opt for a surrogate without endangering the child with medical or psychological issues.
3. Legal Surrogacy Agreement in Canada
Once you are matched with an appropriate surrogate in Canada, then you will have to draw a legal contract once the surrogate has passed the medical and psychological screening.
The intended parents and the surrogate will have separate legal representation. As intended parents, we recommend you hire the best fertility lawyer in Canada to draft an appropriate surrogacy agreement.
Please note that it is a legal requirement to have a written contract between you and the surrogate, making this an important step. The agreement will also ensure that both parties agree to the terms of the agreement.
4. Cycling and Embryo Transfer
After the agreement is in place, it is time to move onto the process of pregnancy. This can include an embryo transfer for the surrogate to become pregnant with the child of the intended parents.
Once the pregnancy is successful, it is a matter of waiting till the baby comes to become legal parents of the child.
The Cost of Surrogacy in Canada
The cost of surrogacy in Canada is around $85,000. The reason for this is that only IVF treatments can range anywhere between $10,000 and $20,000.
On the other hand, if you already have frozen embryos, then your budget for surrogacy in Canada can be around $60,000. A gestational surrogacy can range anywhere between $32,000 and $80,000.
You will also have to account for the expenses during and after the pregnancy. These can include the following:
- Childcare
- Travelling to the clinic
- Clothing
- Medications
- And more
All of these expenses can range between $10,000 and $28,000. Finally, you also have to account for legal expenses, which can be a maximum of $10,000.
Various factors will ultimately affect surrogacy costs in Canada. This is why having a budget between $60,000 and $80,000 is a good place to start your surrogacy process.
What is the Wait Time for Surrogacy in Canada?
Finding an appropriate surrogate in Canada can take anywhere between six months and a year. Intended parents with no specific requirements will find a match quicker than the rest.
However, if you have specific requirements such as age, ethnicity, and more, then it will take you longer to find a surrogate that matches your preferences.
After you find a surrogate, it will take between one and two years to have the baby, as you have to account for the cycling process, medical screenings, and more.
Surrogacy in Canada Requirements
It is important to meet a few requirements for surrogacy in Canada if you are a surrogate. These include the following:
- Being 21 years of age as set by the AHRA
- You must have had at least one pregnancy before
- You must not have had any reproductive complications
- No known health complications
- You must be in good emotional, physical, or mental health
These are some requirements that need to be fulfilled by the surrogate before they can have a baby for someone else.
We also recommend you get independent legal advice and opt for a surrogacy lawyer in Canada to ensure you meet all the requirements and avoid legal complications down the road.
Surrogacy vs. Adoption: Which is the Better Alternative For You?
The decision to choose between surrogacy vs. adoption in Canada is a tough one. We have created a guide on the types of adoption in Canada for you to go through and see what options you have at your disposal.
However, in this section we will touch upon different factors that can help you decide which out of the two is a better option for you.
1. Cost Considerations
The cost of surrogacy in Canada and adoption vary greatly. Sometimes, surrogacy may be more expensive because you have to pay for treatments such as IVF and other surrogacy-related costs.
These can include surrogacy agency fees, legal fees, and much more. So, in terms of cost, adoption can be much cheaper.
2. Time and Involvement in the Process
The time and involvement in the process will also vary. For example, if you opt for adoption, you will have less or almost no control over the procedure.
On the other hand, surrogacy in Canada ensures you have more control, and you can make decisions regarding the procedure and process.
Waiting times between both will also vary. In most cases, adoption might take longer as it takes time for the home study and then matching you with the right child.
The surrogacy process may not take such a long time, which is why it might be better to lean towards this option between surrogacy vs. adoption.
3. The Pros and Cons of Surrogacy vs. Adoption
Here are the pros and cons of each process in Canada:
Pros and Cons of Surrogacy in Canada
Now that you are familiar with the basics of surrogacy in Canada, you might wonder about the pros and cons. Let’s take a look at each:
| Pros of Surrogacy in Canada | Cons of Surrogacy in Canada |
| You have greater control over the prenatal healthcare and environment | It is incredibly expensive to opt for surrogacy in Canada |
| Surrogacy is an opportunity for the intended parents to be more involved in the pregnancy stage | There are legal variations and complexities you have to account for in different jurisdictions in the country |
| Biological connection to the child is possible in this case as compared to adoption | It is an emotional challenge for all the parties involved in the process |
Pros and Cons of Adoption in Canada
| Pros of Adoption in Canada | Cons of Adoption in Canada |
| You will be providing a stable and loving home to a child in need | Long waiting periods and the adoption process are lengthy |
| Canada has a myriad of resources and support services for adoptive families | You have to pay for home study assessments, legal fees, and more |
| There is potential for personal growth and transformation with the new child | There might be attachment issues with the child or unresolved trauma you may have to deal with |
4. Difference between the Legal and Medical Process
The legal and medical process of surrogacy in Canada and adoption vary. Gestational surrogacy is complex, and it requires various medical procedures that will be outlined in your surrogacy agreement.
The agreement is created to protect the rights of the baby and the intended parents. On the other hand, adoption can also be complicated and overwhelming as it involves various social and legal procedures.
FAQs
How many surrogate births per year in Canada?
There is no public health agency in Canada that tracks surrogate pregnancies in Canada. However, data suggests that Canadian fertility clinics showed 816 surrogate births between 2013 and 2017.
What is the wait time for surrogacy in Canada?
The current wait time for surrogacy in Canada ranges from ten to eighteen months, depending on your service provider.
Is surrogacy allowed in Canada?
Altruistic surrogacy, which means unpaid surrogacy, is legal in Canada. The AHRA 2004 criminalizes commercial surrogacy, making this type of surrogacy illegal.
What is the total cost of surrogacy in Canada?
The total cost of surrogacy in Canada can range anywhere from $80,000 to upwards of $100,000. On the other hand, if you already have frozen embryos, then your cost will be on the lower end of this range.
Schedule a Free Consultation with a Surrogacy and Adoption Lawyer in Ontario Today
Thinking about surrogacy in Canada means having enough information to make an informed decision. Every case is unique, and no two surrogate cases will ever look the same.
So, whether you need more information on the process or you want to create a surrogacy agreement in Ontario, you can get in touch with our lawyer. We will help you out in the best way possible based on what you need.
Author Profile
- Athena Narsingh is a trusted and knowledgeable lawyer in Scarborough. Her expertise spans real estate law, family law, adoptions and fertility law. A lawyer by profession and a humanitarian by heart, Athena Narsingh wants to help people become more familiar with the legal system and be well-informed to make important legal decisions.
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