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Is Surrogacy legal in Canada?

There’s often confusion regarding whether Surrogacy is legal in Canada or if Surrogates in Canada can be paid to carry a baby for a family. Surrogacy is fully legal in Canada. In Canada we have the Assisted human Reproduction Act, which outlines the rules and regulations for the protection of all involved in a Surrogacy Journey. Although, It is illegal to pay a surrogate to carry a baby in Canada. Unlike the United States where it is legal to be compensated, in Canada it is a more altruistic arrangement. However, there are many expenses which are related to pregnancy which Intended Parents would be responsible for during the duration of the pregnancy.

What is the difference between being reimbursed and compensated? Being compensated or “paid” is just being given money outright for goods or services, where being reimbursed is when you are given money back for expenses you have already paid for.

In June of 2020 some changes were made as to what are reimbursable expenses in a surrogacy journey. Each journey is individual and has its own contract to determine what their reimbursable expenses are allowed. Intended Parents and Surrogates have their own individual Lawyers who specialize in reproduction law to guide them through this side of the process. There is also a monthly reimbursement limit established in each journey based on the Surrogates reimbursable expenses. Typically between $2,000.00-$3,000.00 per month during the pregnancy.

The following expenditures incurred by a surrogate mother in relation to her surrogacy may be reimbursed under subsection 12(1) of the AHR Act:

- travel expenditures, including expenditures for transportation, parking, meals and accommodation;

- expenditures for the care of dependents or pets;

- expenditures for counseling services;

- expenditures for legal services and disbursements;

- expenditures for obtaining any drug or device as defined in section 2 of the Food and Drugs Act;

- expenditures for obtaining products or services that are provided or recommended in writing by a person authorized under the laws of a province to assess, monitor and provide health care to a woman during her pregnancy, delivery or the postpartum period;

- expenditures for obtaining a written recommendation referred to in paragraph (f);

- expenditures for the services of a midwife or doula;

- expenditures for groceries, excluding non-food items;

- expenditures for maternity clothes;

- expenditures for telecommunications; (e.g., phone and internet)

- expenditures for prenatal exercise classes;

- expenditures related to the delivery

As an agency a service we offer is receipt management to assist our Surrogates and Intended Parents in following the guidelines of the AHR Act. That way there is no confusion around the reimbursable amount is each month.

Another part of our role is ensuring that this journey doesn’t cost the Surrogate Mothers anything. If anything, this should be a good savings plan as there are also many pregnancy related expenses that are regular life expenses you would be paying for otherwise. We will be there to walk you through every moment to ensure you’re feeling confident and educated about this process.

If you have any further questions, feel free to email me at nici@hivesurrogacy.com and I’d be happy to answer them for you. If you are interested in reading the Assisted Human reproductive act you can find it here


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