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| Surrogacy in Canada | Surrogacy is quite legal in Canada, but compensated surrogacy (where fee or profit is paid to the surrogate mother) is illegal, despite whether it is traditional or gestational arrangement. The currently legislation is being introduced to regulate Third Party Reproductive Technology, which is now Bill C – 6.
The legislation, which regulates Third Party Reproduction Technology, was passed on March 3rd 2004. Bill C received the force of the law on May 5th 2004. Thus, beginning with that day all payments in excess of a surrogate mother’s out of pocket expenses are considered to be criminal. In order if you want to get some additional information on what kinds of expenses are considered to be legal during the surrogacy arrangements, you should better contact a lawyer before you enter into any surrogacy arrangement.
According to the Assisted Human Reproduction Technology Act, which was passed in 2004, any woman, who becomes the surrogate mother, and carries a baby for some infertile couple, may be reimbursed for the expenses, such as prenatal vitamins and costs, paid for the traveling to the doctor’s office. She has no right to get any kind of wage for her carrying the baby. However, there are many Canadian intended parents, who do pay their surrogate mothers in cash and gifts, and the risk of a fin up to $500,000, or up to 10 years in jail does not eliminate paid surrogacy. This kind of law has only led to the underground practice development, and many surrogate mothers and infertile couples in Canada feel so much constrained by the limits of the Law, that they simply prefer meeting through the Internet, and not with the help of surrogacy agencies.
Still, the law seems to be extremely vague, and no one is able to understand, what kinds of expenses are considered to be legal, and what are not. All this uncertainty around the Canadian Law, concerning surrogacy arrangements, creates a chill among infertile Canadian couples, and they become afraid to do all the arrangements in their motherland. In addition, this is why many Canadian people, who wish to have a baby with the help of the surrogacy arrangement, go to American surrogacy agencies, without paying much attention at the amount of cost, paid for the traveling, at the impossibility to be with the surrogate mother, who will be carrying their baby.
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