
Surrogacy
Surrogacy Law - The Highlights
Federal Legislation: Assisted Human Reproduction Act (AHRA)
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The Assisted Human Reproduction Act (AHRA) is Canada's primary federal legislation governing assisted human reproduction, including surrogacy. Enacted in 2004, the AHRA aims to protect the health, safety, and dignity of individuals involved in assisted reproduction.
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Key provisions of the AHRA include:
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Altruistic Surrogacy Only: Commercial surrogacy is prohibited. Surrogates cannot be paid for their services, but they may be reimbursed for reasonable out-of-pocket expenses related to the surrogacy, provided receipts are submitted.
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Prohibited Activities: It is illegal to pay or offer to pay a surrogate, or to advertise such payment. Additionally, paying third parties to arrange surrogacy services is prohibited.
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Minimum Age Requirement: Surrogates must be at least 21 years old.
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Consent Requirements: Written consent is mandatory for the use of reproductive materials, ensuring all parties are fully informed and agree to the procedures involved.​
Violations of the AHRA can result in significant penalties, including fines and imprisonment, emphasizing the importance of adhering to its provisions.
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Provincial Legislation: Ontario's Children's Law Reform Act (CLRA)
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In Ontario, the Children's Law Reform Act (CLRA) governs legal parentage, including situations involving surrogacy. In 2016, the legislature amended the CLRA to recognize diverse family structures and clarify parentage in assisted reproduction cases.
Key aspects include:
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Surrogacy Agreements: Intended parents and surrogates must enter into a written agreement before conception, outlining the intentions regarding parentage.
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Consent Post-Birth: After the child's birth, the surrogate has seven days to provide written consent relinquishing any parental rights. Only after this consent can the intended parents be legally recognized.
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Multiple Parents Recognition: The law allows for the recognition of up to four individuals as parents, provided there's a pre-conception agreement and all parties consent.
These provisions ensure clarity in parental rights and responsibilities, safeguarding the interests of the child and all parties involved.
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Key Considerations in a Surrogacy Agreement
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When entering into a surrogacy arrangement in Canada, it's essential to address several critical aspects to ensure clarity and mutual understanding between all parties involved. These include decisions regarding embryo transfer specifics, such as the number of embryos to be implanted and the surrogate's comfort with carrying multiples.
Medical considerations should cover plans for prenatal care, potential complications, and protocols for situations like bed rest. It's also important to discuss circumstances under which procedures like selective reduction or termination might be considered.
The agreement should outline the type of maternal or paternal care preferred—be it obstetrician-led, midwifery, or doula support. Lifestyle expectations for the surrogate, including restrictions on substances or activities, need clear definition.
Confidentiality clauses, consent for sharing medical information, and plans for unforeseen events, such as the separation or death of intended parents, should be included.
Lastly, discussions about the desired level of ongoing contact between the surrogate and the child post-birth are crucial to set expectations for the future.