Introduction

CANADA: PLURAL, ACCESSIBLE AND EFFECTIVE

Surrogacy is allowed in all its territory, except in the province of Quebec, as long as the surrogate mother offers herself  altruistically , that is, she is not allowed to get a profit by offering her service. She can only receive financial compensation that rewards the time and expenses required to resolve the pregnancy. All family models can be accessed  , both men and women without a partner, homosexual and heterosexual couples and it is not necessary to have a genetic connection with the embryo to be implanted, which makes it an ideal destination for all infertile people.

Surrogacy

Surrogacy is legal in Canada only when the carrier  receives compensation for her effort, not getting a real profit by signing a commercial surrogacy contract.

Under the Assisted Human Reproduction Law approved in 2004, the surrogate woman can only be reimbursed for the expenses related to the pregnancy. Although commercial surrogacy is common in the US, a surrogate mother in Canada can not receive any kind of salary or fee to carry a pregnancy to term. This form of subrogation is called “altruistic surrogacy”.

The Assisted Human Reproduction Law (the “AHRA”) prohibits several activities related to surrogate pregnancy.

Surrogacy itself is not prohibited, but the payment or the offer of payment to a surrogate mother is a prohibited act. In accordance with Article 12 (which has not yet been proclaimed), all reasonable expenses such as out-of-pocket expenses will be reimbursable to her. At some point, the Federal Government will proclaim regulations to this section that may limit or regulate the types of expenses that may be reimbursed in another way, but until that date, all expenses can be considered as such, provided they are reasonable and related to the surrogate pregnancy.

In the absence of a legal status that clarifies filiation, there is always the possibility that a surrogate mother may claim the rights of the parents that may include custody or access to the child. Many intended parents write agreements in order to make clear the intentions of each party. Most clinics in both Canada and the United States require surrogacy contracts to be signed before the embryo transfer. In the United States, jurisprudence has placed great emphasis on the application of the intention prior to the conception of all parties, as evidenced in an agreement.

Thanks to the hard work of a few individuals, surrogacy  for gay couples in Ontario has become a commonplace.

Lesbian couples often resort to the known sperm donation to conceive their children. All parental rights must be negotiated and documented in advance. Lesbian couples should consult with a lawyer in order to take full advantage of the possibilities of intention of both parties regarding the paternity and custody of the future child.

“Donations between spouses” are less common, but sometimes one of the partners will give birth to a child who is genetically linked to their partner. An IVF is necessary to obtain this result. Many in vitro fertilization clinics treat the situation as an egg donation or as a surrogate pregnancy, but both approaches are not appropriate. If you are considering this procedure, make sure that the medical consents are clear and accurate. In the case of a breach of the relationship and a custody dispute, an inappropriate medical consent may be used later in the court as evidence of intent.

In Ontario, the post-partum process for LGBT surrogate pregnancy clients is exactly the same as for the heterosexual community. As the registration of births is governed at the provincial level, a lawyer should be consulted to review the details of the agreement.

Action Protocols

Action Protocols in Canada. Approximate amounts, including an embryo transfer.

1) Canada IVF + Own eggs + Transfer to Canadian SM + Birth in Toronto: U$S 75.000

This alternative is for all family models, who wish to perform IVF with own gametes + embryo transfer in Canadian clinic and delivery in Toronto.

2) Canada IVF + Egg donor + Transfer to Canadian SM + Birth in Toronto: U$S 85.000.-

This alternative is for all models of the family, who wish to perform IVF with egg donation + embryo transfer in Canadian clinic and delivery in Toronto.

3) Canada Frozen Embryos + transfer to Canadian SM + Birth in Toronto: U$S 65.000.-

This alternative is for all family models, who already have their embryos in their local clinic and wish to send them to Canada to perform the embryo transfer in Canadian clinic and delivery in Toronto.

4) Canada Embryo Adoption + transfer to Canadian SM + Birth in Toronto: U$S 70.000.-

This alternative is for all family models, that can not conceive embryos with their own genetic load. They are offered an Embryo Adoption Program, and may have genetic material donated by other couples (anonymous), to perform the embryo transfer in Canadian clinic and delivery in Toronto. The child conceived will not have the DNA of the contracting parents.

Reference Clinic

The Toronto Institute for Reproductive Medicine

Repromed, has more than 20 years in the field of reproductive medicine and under the direction of Dr. Alfonso P. Del Valle.

www.repromed.ca

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AGAR
Certified Medical Tourism Professional
American Society Reproductive Medicine
European Society of Human Reproduction and Embryology
Association of Reproductive Managers