Surrogacy arrangements can be a confusing , emotional and long process. We strongly advise clients to do their research and take advice as early on as possible to help them create a comprehensive surrogacy plan and budget. Choosing the jurisdiction leads to finding the surrogate and your advisors / consultants onto setting your budget and agreeing terms to then commencing the exciting journey of starting your family . We as experienced lawyers , having over 10years experience in surrogacy arrangements, have helped numerous clients in their journey and when things have gone wrong stepped in and sort a favourable outcome be it separating intended parents , surrogates making unreasonable demands , mismanaged programmes by the agents or medical complications we have experienced many scenarios that we have successfully navigated .
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Surrogacy in Canada for UK parents
Canada is a country we have been working with for sometime and we have excellent relationships with the fertility clinics , agencies and lawyers. It’s becoming more popular due to it being more on a par with the UK law and due to its cost effectiveness
We herein provide a basic guide to parent /s considering an arrangement in Canada but strongly recommend you contact us for a no obligation and complimentary meeting.
Canadian surrogacy terms
Surrogacy in Canada is available to UK intended parents and it is legal. The reasons people may choose this jurisdiction is that 1. It permits the arrangement to governed by a legally binding contract ; 2. Its highly regulated ; 3. It’s got real synergy with UK law making harmonisation of the arrangements easier ; and 4. The intended parents names will appear on the birth certificate
This is not all though without restrictions and some risk of which you should be fully aware of. That legally the contract could be overturned by the court because as in the UK the birth mother only gives up her rights post birth. However , in Canada this can be done quickly and is not something we have experienced as an issue as a firm
This like the UK is heavily regulated and advice should be taken on the level of expenses you pay to your surrogate . How much you should pay us something you need to contemplate legally and then written into the legally binding contract with your surrogate. Often these should be capped and carefully planned to fall in line with UK provisions to ensure that you can , upon returning , secure your parental order.
In Canada, it's illegal to pay for the services of a surrogate mother or to purchase human sperm and eggs. Federal law allows only altruistic surrogacy in Canada, which means surrogate mothers cannot be paid more than out-of-pocket expenses.
We are often told that a benefit of Surrogacy in Canada is cost, which can be significantly lower than Agency-managed programs in the USA. However , it should also be noted Agencies are not legally permitted to professionally match surrogates with future parents. Agencies are also not legally permitted to manage the surrogate’s cycle and pregnancy for a fee.
The result is that surrogacy in Canada is possible, but often takes months to find a qualified surrogate. The entire process may be somewhat less straightforward than a US program where a commercial Agency can handle the entire process.
Canadian law is very explicit, and is regulated by Bill C-6 (Assisted Human Reproduction Act). The act explicitly places the following constraints on surrogacy in Canada:
No person shall pay consideration to a female person to be a surrogate mother, offer to pay such consideration or advertise that it will be paid.
No person shall accept consideration for arranging for the services of a surrogate mother, offer to make such an arrangement for consideration or advertise the arranging of such services.
No person shall pay consideration to another person to arrange for the services of a surrogate mother, offer to pay such consideration or advertise the payment of it.
Even though you will receive a birth certificate and passport how you bring your newborn baby home , should be part of your legal strategy.
Parental rights for intended parent/s
Despite securing the birth certificate and passport (which your Canadian lawyer should secure) for your baby upon returning to the UK there are further steps to be taken to secure your parental rights. The parentage for a child born through Canadian surrogacy is not recognised in the UK , which is why you need to apply to the court for a parental order . This is to ensure you are registered as the legal parents under UK law and have all associated rights
For detailed information on applying for a UK parental order please read here
We are surrogacy lawyers covering the City of London, Central London, Tower Hamlets, Islington, Hackney, Richmond up Thames, Kensington & Chelsea, Hammersmith & Fulham, Westminster, Camden, Harrow, Haringey, Southwark, Lambeth, Croydon, Bromley, Bexley, Havering, Redbridge, Waltham Forest, Enfield, Barnet, Hillingdon, Ealing, Hounslow, Greenwich, Lewisham, Wandsworth, Merton, Sutton, Kingston upon Thames, Barking & Dagenham, Newham and Brent.
Also we have and do handle surrogacy outside of London: Surrogacy lawyers for Wales; Cardiff & Swansea and surrounding areas. Surrogacy legal experts in Leeds, York , Manchester, Bristol, Chester, Cheshire, and Birmingham.