Can You Pay a Surrogate in Canada?
The Short Answer is no.
But the longer answer is that you shouldn’t be out of pocket for being a surrogate, so reimbursed expenses are allowed. Intended Parents can cover pregnancy-related expenditures, such as the surrogate’s childcare, travel, legal services, counselling, maternity clothes, and cell phone bills. Anything that the surrogate wouldn’t need, like pre-natal yoga classes, “but for” the pregnancy can be reimbursed.
Surrogacy Goes Back to Biblical Times
Did you know? The concept of surrogacy dates back thousands of years—check out the biblical story of Abraham, Sarah, and Hagar for perhaps the earliest documented case of alternative family planning! Sarah, unable to conceive, offered her handmaid Hagar to Abraham. Their arrangement resulted in the birth of Ishmael.
Needless to say, this ancient arrangement wouldn’t meet today’s ethical standards or legal requirements for surrogacy! This would be an example of “Traditional” surrogacy- where the surrogate has a genetic link to the child. More on that below.
Surrogates understand and undergo careful screening to ensure they do so out of the kindness of their hearts and desire to help others grow their families. In most cases, the child-to-be is not even genetically their child. Instead, the “embryo” is created using:
One egg (from an intended parent, donor, or even the surrogate) & One sperm (from an intended parent or donor) = Embryo
Here’s how we refer to this:
– Gestational Surrogacy = The surrogate has no genetic link to the baby. (This is the most common type today.)
– Traditional Surrogacy = The surrogate provides the egg, meaning she’s biologically related to the child
How Can I Become A Surrogate?
A surrogate is someone with a uterus who is
– at least 21 years old
– has given birth at least once before
– is in good health
– has given lots of thought to becoming a surrogate and conversations with their partner, family, and anyone else affected by this choice.
If you fit this description and love being pregnant, visit surrogacy.ca for resources on how to find intended parents with whom you click! The relationship between the surrogate and the parents is vital to everyone feeling comfortable and valued.
Fun Fact:
You can still be a surrogate even if your tubes are tied! What matters is whether your uterus can host an embryo—not whether you’re producing eggs (for the most part- more on that later).
Why Don’t Surrogates Get Paid in Canada?
According to the Assisted Human Reproduction Act (AHRA), lawmakers have decided that no one should benefit from a person’s reproductive capabilities and deemed all payments unethical. As mentioned above, reimbursable expenses related to the pregnancy are permitted, like lost wages due to bed rest (with a doctor’s note) and prenatal vitamins.
Paying a surrogate an outright salary or covering their mortgage is strictly prohibited. Think pregnancy pillows, not paychecks, for your surrogate in Canada.
What If I Do Pay My Surrogate?
While there is growing support for the payment of surrogates in Canada, it is still punishable under the AHRA with a fine of up to $500,000 or up to 10 years in prison to pay someone or arrange payment of a surrogate. I can help you understand the risks of using an agency domestically or abroad.
This is not to say that a surrogate isn’t paying out of pocket for their selfless act—far from it. The reimbursements of allowable expenses can be thousands, usually tens of thousands of dollars.
What Should You Do If You Want to Become a Surrogate or Be Matched With A Surrogate?
1) Talk to a fertility lawyer. I will ensure you are clear on allowable expenses if you’re an intended parent and what can be reimbursed if you’re a surrogate.
2) Visit surrogacy.ca for resources and ways to meet intended parents or surrogates.
3) Meet with a fertility specialist, such as your reproductive endocrinologist, who can educate you on the entire process and ensure that you (and your surrogate) give informed consent to the treatment.
Thinking of Growing Your Family Through Surrogacy? Book a consultation today.
