Surrogacy

Updated: Jan 30/17


Canada
Under the Assisted Human Reproduction (AHR) Act, it is illegal to:
• Pay, offer to pay, or advertise payment, to a surrogate mother.
• Accept payment for arranging for the services of a surrogate, offer to make such an arrangement for payment, or advertise the arranging of such services.
• Counsel, induce, or perform any medical procedures to assist a woman to become a surrogate if she is under 21.
• Reimburse a surrogate for an expenditure incurred by her in relation to her surrogacy, except in accordance with regulations and a licence, and where a receipt is provided.
• Reimburse a surrogate for loss of work-related income incurred during her pregnancy, unless a qualified medical practitioner certifies, in writing, that continuing to work may pose a risk to her health or that of the embryo/fetus; and the reimbursement is made in accordance with the regulations and a licence, with a receipt is provided.

Criminal penalty: A fine of up to $500,000 and up to 10 years in jail.

The Assisted Human Reproduction Act also requires that counselling services be made available prior to the procedure.

 

Quebec
Article 541 of the Quebec Civil Code (CCQ): "Any agreement whereby a woman undertakes to procreate or carry a child for another person is absolutely null."
See: Surrogacy in Quebec: First Legal Test

 


Agencies
In keeping with the above-mentioned prohibitions of the AHR Act banning payment and advertising, we do not list agencies, websites or other 'matching services' offering surrogacy services. If you do decide to work with such a business, please keep in mind that they are part of a totally unregulated industry (whether in Canada, the USA or elsewhere), so be sure to take every precaution you can to protect your own interests as well as those of any child(ren) who may be born.

Articles/Reports
• Whose Child Is This?: Ethical, Legal, Social & Theological Dangers of Surrogate Motherhood (Ed John Baycroft. Toronto Anglican Book Centre 1990)
The prospect of surrogate mothering: clinical concerns. (By Steadman & McCloskey, Child & Family Clinic, York County Hospital, Newmarket, Ontario. Can J Psychiatry. 1987 Oct;32(7):545-50)
The Body, Emotions & Intentions: Challenges of Pre-conception Arrangements for Health Care Providers (By Juliet Guichon. Feb 13/07. CMAJ)
Surrogate Motherhood and Its Human Costs (By Suzanne Scorsone)
Wombs for Rent: Stop the Infant Merchants (By Juliet Guichon)
Surrogacy might be good for adults - but not children (By Breda O'Brien. Jun 27/09. Irish Times)
What happens when surrogacy goes wrong (By Louisa Ghevaert, partner at a UK fertility & parenting law firm. Feb 9/10. BioNews)
Don't let market forces govern human procreation (by Juliet Guichon. Nov 22/10. BioNews)
Elton John's Baby and Unregulated Global Surrogacy (By Karen Smith Rotabi. Jan 2/11. Reality Check)
Gestational carrier is an ugly term (By Melinda Tankard Reist. The Australian. Jan 19/11)
Moral quandaries in the age of surrogate pregnancy (By Clare O'Neil. Mar 4/11. Sydney Morning Herald)
One Parent or Five? A Global Look at Today’s New Intentional Families (by Elizabeth Marquardt, Institute for American Values. Oct 6/11)
• The surrogate mother: a post-birth follow-up study (by Janice C. Ciccarelli.1997. California School of Professional Psychology, Los Angeles)
Satisfaction with surrogate mothering: a relational model (by Hohman & Hagan, J. of Human Behavior in the Social Environment, 2001. 4, 61-84.
Surrogacy: the experiences of surrogate mothers (by Jadva, Murray, Lycett, MacCallum & Golombok. Human Reproduction, 2003. 18, 2196-2204)
The Hague Convention on Surrogacy: Should we agree to disagree? (by Anne-Marie Hutchinson, Solicitor, Dawson Cornwell, a UK family law firm)
The International Surrogacy Forum
A Preliminary Report on the Issues arising from International Surrogacy Arrangements' (by The Hague Conference, March 2012)
“Surrogacy” and Parental Licensing (OpEd by Christine Overall. July 18, 2013. Impact Ethics)
Inconvenient truths about commercial surrogacy (OpEd by Kathleen Sloan & Jennifer Lahl, Apr 1/14, TwinCities.com)
Children of our God complex (OpEd by Lise Ravary, The National Post. May 2/14)
Gestational Surrogacy Should Only Be Done for Legitimate Medical Reasons (OpEd by Dr. Michael A. Feinman. Oct 9/15)

Blogs by surrogate offspring

Blogs by former surrogates:  Dear Hiccup

Bioethics

Counsellors

Documentaries

Donor Conception

Fact sheet (by the Infertility Network) *

Lawyers

Legislation

News stories

Support Groups for parents
Childlessness Overcome Through Surrogacy (COTS) (UK)
Lesbian, Gay, Bisexual, Trans (LGBT) Parenting Network (Toronto)
Organization of Parents Through Surrogacy (OPTS) (USA)
• New York, NY:
          • Family Building Network
          • Third Party Parenting Network


* PDF file. Requires Adobe Reader - download it free here.