Contrary to popular belief, the practice of surrogacy in Canada is legal, however as per the Assisted Human Reproduction Act passed in 2004, it is illegal for a surrogate mother or egg donor to be compensated for her services, except for the reimbursement of out of pocket expenses related to the pregnancy during the surrogacy process.
What are the big differences between surrogacy in USA and Canada?
Cost: The cost of surrogacy in Canada can be lower compared to surrogacy in the US. There are two main reasons for this:
- Health care is covered in Canada and
- Surrogate mother cost is lower because the surrogate cannot be paid for only reimbursed for most reasonable expenses incurred as a result of the surrogacy.
Time: However because of being an altruistic process in Canada there are less surrogates and therefore the waiting time can be much longer than in the US.
Parental rights: Like in the US intended parents are declared legal parents through a declaration of parentage, and it´s also open to any model of family (same sex, heterosexual, single parents, etc). The legal procedure can change depending on the State/Province where the surrogate lives.
Consult with a lawyer and/or a consultant working in the area to learn more about surrogacy in Canada and USA.