Surrogacy in Canada
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 ever more popular due to it being on a par with the UK in that surrogacy arrangements can only be altruistic as well as it being cost effective.
We herein provide a basic overview of a surrogacy arrangement in Canada . However, please note we are not Canadian lawyers so strongly recommend you contact us for a no obligation and complimentary meeting and if you choose this jurisdiction we would be happy to introduce you to our network of clinics and lawyers in Canada that we have worked with in the past.
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. As they will not have a UK passport or leave to remain and there is a risk you could be denied entry . This advice comes within our surrogacy advice package and the options of how you bring your baby home, will be presented to you early on, the process does not have to be costly or complex , but being prepared avoids any delays or issues at that later stage.
We also actively encourage our clients to understand and review their insurance options, regarding medical care for their baby, during birth and should after-care be required in Canada. Understand early on the policies available, costs and when your baby is and isn’t covered.
Listed as leading legal 500 surrogacy lawyers we have a wealth of experience in the U.K. and international surrogacy arrangements. We help you prepare for your journey, jump in if anything goes wrong and concludes your journey with a parental order here in the U.K. protecting your parental rights.
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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.
Filmed 26th March 2020: All facts and information provided correct at that date.
A City Law Firm surrogacy specialists have teamed up with Canadian Surrogacy and Fertility Lawyers Ellen Embury and Rachel West of Carbert Waite LLP, to answer key questions for UK intended parents for you to understand : process; what you should be doing now before embarking on your journey; costs & benefits of Canada over other jurisdictions ; and how we can support you throughout your journey.
Ellen Embury and Rachel West are two of the best known and respected surrogacy lawyers in Canada. They have one of the largest surrogacy practices in Canada. This is a unique opportunity to hear about the whole international surrogacy process, from both the Canadian and UK perspective from leading legal specialists.
A City Law Firm is a Legal 500 surrogacy practice that has been working in fertility law for well over a decade and has experience in working with professionals all over the world to help UK IPs. We offer advice on employment law, Wills and Trusts, immigration and, if anything does go wrong, Karen Holden, our founder, who has been granted Freedom of the City for her pioneering work towards equality, is no stranger to navigating the courts to re-tip the balance as necessary.
If you would like a consultation with Ellen we are very happy to set up a follow-up private consultation. Please just contact us (form below) and we can arrange a private video conference direct into your home.
Canada: Click Here to Schedule a 1 Hour Call with Ellen OR Rachel