Surrogacy Agreements
What is surrogacy?
Surrogacy is a legal and medical arrangement in which an individual agrees to carry and give birth to a child for another individual or individuals, who will typically become the child’s legal parents upon birth.
What are the different forms of surrogacy?
The different forms of surrogacy are as follows:
• Gestational Surrogacy: When the intended mother's egg and the intended father's sperm are used to create an embryo (via IVF) that is implanted into and carried by a surrogate. In this case, the child has no genetic connection to the surrogate.
• Traditional Surrogacy: When a surrogate is inseminated with the intended father's sperm via IUI, IVF or home insemination. In this case, the child would be genetically related to the surrogate and the intended father.
• Gestational Surrogacy & Egg Donation: If there is no intended mother or the intended mother is unable to produce eggs, the surrogate carries an embryo developed from a donor egg that has been fertilized by the intended father's sperm. In this case, the child is genetically related to the intended father but not to the surrogate.
• Gestational Surrogacy & Sperm Donation: If there is no intended father or the intended father is unable to produce sperm, the surrogate carries an embryo developed from the intended mother's egg and donor sperm. In this case, the child is genetically related to the intended mother but not to the surrogate.
• Gestational Surrogacy & Egg and Sperm Donation: When the intended parents are unable to produce either sperm, egg, or embryo, the surrogate can carry an embryo created from a donated egg and sperm. In this case, the child is not genetically related to the intended parents or the surrogate.
• Gestational Surrogacy & Embryo Donation: When the intended parents are unable to produce either sperm, egg, or embryo, the surrogate can carry a donated embryo. In this case, the child is not genetically related to the intended parents or the surrogate.
Is surrogacy legal in Canada?
Yes, surrogacy is legal in Canada.
What is a surrogacy agreement?
A surrogacy agreement, also known as a surrogacy contract or gestational carrier agreement, is a legal document that outlines the terms and conditions of a surrogacy arrangement as between a surrogate and intended parents.
Surrogacy agreements are typically drafted with the assistance of legal professionals who specialize in reproductive law to ensure that the rights and interests of all parties involved are protected.
What is the purpose of a surrogacy agreement?
A surrogacy agreement addresses a number of issues including but not limited to the following:
• Roles and responsibilities: It defines the roles and responsibilities of the surrogate and the intended parents throughout their surrogacy journey;
• Medical Issues: It addresses such issues as medical assessments, procedures, decision making, and information sharing;
• Financial Issues: It sets out the financial arrangement in terms of compensating the surrogate for their pregnancy- and childbirth-related expenses;
• Legal parentage and post-birth contact: It addresses issues related to legal parentage, including the intended parents’ rights and obligations, as well as the surrogate’s rights regarding the child. The surrogate’s post-birth contact with the child should also be addressed.
How do surrogates and intended parents find each other?
Surrogates and intended parents can find each other in a number of ways, including:
• Surrogacy agencies: There are surrogacy agencies in Canada that specialize in matching intended parents with surrogates;
• Online surrogacy matching platforms: There are online platforms specifically designed to connect surrogates with intended parents;
• Support groups and forums: Surrogacy support groups and online forums can be valuable resources for surrogates seeking intended parents and vice versa;
• Legal and medical professionals: Surrogacy lawyers, fertility clinics, and reproductive specialists may also facilitate connections between surrogates and intended parents as part of their services; and lastly
• Personal networks: Some surrogates find intended parents through their personal networks, such as friends, family members, or acquaintances who are seeking surrogacy arrangements.
It is essential for both surrogates and intended parents to thoroughly research each other, communicate openly, and seek legal and medical advice throughout the surrogacy process to ensure a successful and legally sound arrangement.
Can a surrogate be paid?
In Canada, it is illegal to pay a surrogate for their services beyond reimbursement for reasonable expenses directly related to their pregnancy. These expenses may include medical expenses, travel expenses, and maternity clothing.
It is important to seek legal advice from a lawyer specializing in reproductive law in order to understand the specific laws and regulations regarding surrogacy compensation in Canada. Why? Because failure to abide by these laws and regulations could result in a fine of up to $500,000 and/or a ten (10) year prison sentence.