The truth of your Australian couple charged with abandoning their son with his Thai surrogate mother after they learned he has Down syndrome is drawing focus to the spread of so-called surrogacy tourism.
Complicating the Thailand case is the fact that the Australian father is a convicted child se-x offender. Speaking to an Australian media outlet on Sunday, David Farnell said the couple was told ahead of the birth that their son has Down syndrome, and therefore at that point they “expected the surrogacy agency to offer them a refund and find an answer.”
Some countries, including India, Ukraine and Thailand, which may have relatively lenient regulations around surrogate mother are popular for mothers and fathers in western world seeking lower-cost surrogacy options.
In Canada, while surrogacy is legal, providing compensation for your surrogate is prohibited.
To clarify the guidelines in Canada, CTVNews.ca is taking a peek at this country’s surrogacy laws.
Do Canadian surrogate mothers get money?
In Canada, “commercial surrogacy”, which sees surrogate moms receive money for carrying a couple’s child, is illegal. It’s also illegal for would-be parents seeking a surrogate to promote that they’re ready to pay a lady for your service.
It is legal, however, to reimburse a surrogate for your expenses she incurs because of the pregnancy. This is referred to as “altruistic surrogacy.”
All surrogacy contracts in Quebec, whether commercial or altruistic, are unenforceable.
Dr. Clifford Librach, medical director at Create fertility clinic in Toronto, said surrogacy arrangements in Canada are typically together with legal contracts.
Librach told CTV News Channel that issues with regards to the custody from the child after birth and what would happen if an abnormality or health issue is noticed before birth would be addressed in the contract.
“It’s unlikely in Canada, where we now have really good testing prenatally, that (a severe abnormality) could have only been found so late from the pregnancy,” Librach said within an interview Monday.
What type of screening do couples searching for a surrogate undergo?
Librach said he’s never encountered an instance wherein a convicted se-x offender has pursued a surrogacy birth. But he noted that it must be something that could occur in Canada.
“We can’t stop anyone from using a child naturally. Even though we have a fertility patient go to us, these types of things we might not know,” he stated. “We might find out about psychological or psychiatric issues — whenever we knew concerning this, certainly it would be significant factor.”
Librach said each of the Create clinics have an ethics committee and clients go through an ethical evaluation, and also legal and psycho-social assessments.
Surrogates are reimbursed for his or her out-of-pocket expenses while pregnant, which may include pre-natal vitamins, medication, childcare, maternity clothes, and travel costs.
A surrogate mom might get reimbursed for the loss of work wages if she’s required to be on bed rest for the healthiness of the embryo or fetus.
Paying a surrogate mother’s mortgage, credit card bills, or school tuition is recognized as illegal, however.
Those found responsible for breaking legal requirements surrounding surrogacy in Canada could face a sentence of a decade in jail, along with a fine as high as $500,000.
How much should a couple of have saved for a surrogacy pregnancy in Canada?
Those seeking a gestational surrogacy, where an embryo through the intended parents is implanted in a surrogate mom through in-vitro fertilization (IVF), the expense of IVF alone can range from $10,000 to a lot more than $20,000, dependant upon the clinic and number of treatments required. This does not include the price of medication.
Expenses before and during pregnancy may range from $11,000 to more than $28,000 for expenses incurred visiting an IVF clinic, childcare, airfare/accommodations, lost wages, medications, etc.
Legal expenses might cost up to $10,000 and additional costs like medical treatment after birth, insurance coverage policies, DNA testing, medical and psychological evaluations also add to the cost.
In line with the surrogacy support website Surrogacy In Canada, the average cost for any gestational surrogacy typically runs between $32,000 to a lot more than $76,000.
Canadian law causes it to be illegal for a third-party, like a fertility clinic, to just accept money to connect an infertile individual or couple to some surrogate mom, or even to advertise for such services.
Because surrogacy agents became illegal in 2004, within the Assisted Human Reproduction Act, couples must locate a surrogate mother independently. Most place their look online with classifieds posted on major find surrogate websites.
Canadians can make use of American surrogacy agencies, which offer prospective parents with profiles of screened and approved surrogates. These agencies charge between $4,000 and $18,000.
Librach estimates there are actually between 300 and 500 surrogacy arrangements every year. He said surrogacy in Canada is “active”, nevertheless it doesn’t compare with the volume of surrogate pregnancy that happen each and every year in the states.
Librach said some Canadians do travel overseas to arrange for surrogacy pregnancies – known as reproductive tourism.
“This is because usually because the prices are significantly less, and unfortunately the regulations are nowhere near as strict since they are in Canada,” he explained. “There can be many conditions that (the mother and father) may encounter that could place the situation at risk.”