About Surrogacy

Gestational Surrogacy

More common than traditional surrogacy, both the egg and the sperm come from the intended mother and father. Pregnancy is achieved through IVF and the surrogate mother has no biological relationship with the child.

Gestational surrogates may be used when the intended mother is unable to become pregnant or carry a baby to term or doing so may cause harm to her or the fetus.

Because It's illegal to pay for or advertise to pay for a surrogate mother in Canada, finding one can be time-consuming and difficult.

Gestational Carriers/Surrogates:

A surrogate mother legally must be over the age of 21. The ideal candidate should:

be between the ages of 21 and 49
have had at least one prior pregnancy without complications or premature birth
be in good physical, emotional and mental health
not have underlying conditions such as diabetes or high blood pressure
have a healthy BMI (eg. under 35)
regular cycles
not abuse drugs or alcohol and be willing to abstain during pregnancy
not smoke and be willing to abstain during pregnancy
be able and willing to take time away from work and family to travel to appointments, rest and give birth
not have a serious criminal history

She should also be willing to undergo any necessary medical procedures, such as:

Repeated bloodwork and transvaginal ultrasounds
Taking IVF medications (including hormone injections)
Undergoing invasive medical procedures such as
- IVF transfers
- Amniocentesis (sampling fluid the amniotic sac surrounding a developing fetus to analyze for abnormalities)

What happens when we find our surrogate?

There are three main areas that need to be addressed before starting the actual surrogacy, but the order in which they are done depends on the circumstances. They are:

Medical consultation

The surrogate needs to undergo a preliminary medical consultation in order to begin testing prior to treatment to ensure they are suitable candidate.

Legal consultation

A contract will be drawn with a lawyer who has experience and has completed a number of surrogacy arrangements.

Counselling

This is particularly important for the surrogate. She will have the opportunity to speak with a counsellor independently to discuss issues such as her relationship with the intended parents, feelings of attachment to the unborn child, and the impact surrogacy could have on her relationship with her own children, if she has any, as well as her family, friends, and even her employer.

Surrogacy Law in Canada

Surrogacy is legal in Canada, however the Assisted Human Reproduction (AHR) Act prohibits an intended couple from paying a surrogate mother for her services. In lieu of direct payment, the commissioning couple is allowed to reimburse the surrogate for reasonable expenses incurred as a result of the pregnancy.

Expenses

Travel/Medical

'travel expenditures, including expenditures for transportation, parking, meals and accommodation', 'expenditures for
obtaining or confirming medical or other records'. Also lost wages for the surrogate and her support person.

Referrals

'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'

Counselling/Support/Care

'expenditures for counselling services' for the surrogate and her family , expenditures for prenatal exercise classes', 'expenditures for care of dependents or pets'

Services/Legal

'expenditures for services of a midwife or doula' , 'expenditures for telecommunications' , 'expenditures for health, disability, travel or life insurance coverage' , 'expenditures for legal services and disbursements' , 'household maintenance' , 'chiropractor, dental, massage therapy, alternative or complementary healthcare services'. The preparation of a living will is an allowable expense.

Loss of Income

'reimburse a surrogate mother for a loss of work-related income incurred during her pregnancy', 'absences from work' , 'absences needed to attend regular doctor appointments' , 'for health and safety reasons during the pre-pregnancy period, during the postpartum period'

Groceries/Supplements

'expenditures for groceries, excluding non-food items' ,'prescription and non-prescription drugs and natural healthproducts such as over-the-counter drugs, behind the counterdrugs, vitamins and minerals, nutritional supplements, herbalremedies, homeopathic medicines, traditional medicines, probiotics; and other products such as amino acids and essentialfatty acids'

Clothing/Supplies

'expenditures for maternity clothes' Maternity clothes means any clothing that is purchased because the surrogate's clothing no longer fits. There's also the postpartum period where she would be in between sizes. It can include undergarments, changing seasons, swimwear, coats and shoes.

Support Person

Every surrogate is entitled to a support person to attend appointments with her. If this person has loss of income, this would be reimbursed. Also, the support person is entitled to reimbursements for accommodations, transportation and meals.

Bedrest

If a doctor or midwife recommends that the surrogate requires bedrest for her own health or for the health of the surrogate baby, she is entitled to receive help with household duties, childcare, care for animals, and food preparation services.

Personal Care

Feminine hygiene items, pads, maternity bras. Also, lawncare, snowshovelling or gardening services can be reimbursed.