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ARTICLE · 15 MARCH 2023

Exploring Surrogacy: Its Legality, Compensation, And Other Considerations

Watson Goepel LLP
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A surrogate mother is a woman who carries a baby full term on behalf of someone else. In some cases, the surrogate uses her own eggs to fertilize the sperm from the male donor (the intended father)...

CanadaFamily and Matrimonial
Watson Goepel LLP
Watson Goepel LLP
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Defining Surrogacy

A surrogate mother is a woman who carries a baby full term on behalf of someone else. In some cases, the surrogate uses her own eggs to fertilize the sperm from the male donor (the intended father), while in other cases both the egg and the sperm are inseminated artificially (reproduction through sexual intercourse does not qualify as surrogacy).

Is Surrogacy Legal in Canada?

Yes, surrogacy is legal in Canada. However, surrogates must be at least 21 years of age and are not permitted to receive any financial compensation for being a surrogate.

Are There Compensations to Surrogacy in Canada?

The Assisted Human Reproduction Actpermits a surrogate in Canada to be reimbursed for reasonable expenses related to the surrogacy, including maternity clothes, medications, lost wages incurred for appointments, childcare, travel to doctors' appointments, and groceries.

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