Surrogacy in Canada can be only altruistic
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Altruistic Surrogacy: In Canada, only altruistic surrogacy is allowed. This means that the surrogate mother cannot receive any sort of financial compensation or reward beyond her out-of-pocket expenses.
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Commercial Surrogacy: Commercial surrogacy, in which the surrogate mother is paid a fee for her service beyond the reimbursement of medical and other reasonable expenses, is illegal.
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Surrogacy Agreement: The intended parents and the surrogate mother typically enter into a surrogacy agreement before the pregnancy. However, these agreements are not enforceable by law.
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Parentage: Laws related to parentage after surrogacy can vary by province. Generally, the intended parents need to apply to the courts after the child is born to be legally recognized as the child's parents. In some provinces, pre-birth orders are available.
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Assisted Human Reproduction Act: This is the federal law that governs surrogacy in Canada. It prohibits paying a surrogate mother and also prohibits paying intermediaries to arrange a surrogacy.
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International Surrogacy: Many Canadians seek surrogacy arrangements in other countries where commercial surrogacy is legal. Ukraine, in particular, is a popular destination for international surrogacy due to its relatively favorable laws. In Ukraine, both commercial and altruistic surrogacy are legal, and intended parents can be recognized as legal parents from the moment of the child's birth. However, there can be legal and practical issues with bringing a child born through surrogacy back to Canada. Hence, it's important to consult with legal professionals who are familiar with both countries' laws before proceeding.
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Ethical Guidelines: The Assisted Human Reproduction (AHR) Act also sets out ethical guidelines for surrogacy and assisted reproduction, such as obtaining informed consent and protecting the privacy of donors and surrogates.