The situation of any Australian couple charged with abandoning their son along with his Thai surrogate mother as soon as they learned he has Down syndrome is drawing focus to the spread of so-called surrogacy tourism.
Complicating the Thailand case would be the fact the Australian father is a convicted child se-x offender. Speaking with an Australian media outlet on Sunday, David Farnell said the couple have been told before the birth that their son has Down syndrome, which when this occurs they “expected the surrogacy agency to present them a refund and look for an alternative.”
Some countries, including India, Ukraine and Thailand, who have relatively lenient regulations around surrogacy cost are popular for parents in western world searching for lower-cost surrogacy options.
In Canada, while surrogacy is legal, providing compensation for your surrogate is prohibited.
To explain the rules in Canada, CTVNews.ca is taking a peek at this country’s surrogacy laws.
Do Canadian surrogate mothers receive 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 market that they’re prepared to pay a female for that service.
It can be legal, however, to reimburse a surrogate for your expenses she incurs due to 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 associated with legal contracts.
Librach told CTV News Channel that issues with regards to the custody of the child after birth and what could happen if the abnormality or health issue is noticed before birth would be addressed in the contract.
“It’s unlikely in Canada, where we certainly have really good testing prenatally, that (a severe abnormality) could have only been found so late in the pregnancy,” Librach said within an interview Monday.
Which kind of screening do couples searching for a surrogate undergo?
Librach said he’s never encountered a case in which a convicted se-x offender has pursued a surrogacy birth. But he noted that it must be a thing that could happen in Canada.
“We can’t stop anyone from using a child naturally. Regardless of whether there exists a fertility patient go to us, these types of things we may not know,” he explained. “We would inquire about psychological or psychiatric issues — once we knew with that, certainly it might be significant factor.”
Librach said each of the Create clinics come with an ethics committee and clients experience an ethical evaluation, and also legal and psycho-social assessments.
Surrogates are reimbursed for his or her out-of-pocket expenses in pregnancy, which may include pre-natal vitamins, medication, childcare, maternity clothes, and travel costs.
A surrogate mom might get reimbursed for losing 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, unpaid bills, or school tuition is considered illegal, however.
Those found guilty of breaking legislation surrounding surrogacy in Canada could face a sentence of 10 years in jail, plus a fine as much as $500,000.
Just how much should a few have saved to get a surrogacy pregnancy in Canada?
Those seeking a gestational surrogacy, where an embryo from your intended parents is implanted right into a surrogate mom through in-vitro fertilization (IVF), the expense of IVF alone may range from $10,000 to over $20,000, dependant upon the clinic and number of treatments required. This will not include the price of medication.
Expenses before and throughout pregnancy can range from $11,000 to more than $28,000 for expenses incurred heading for an IVF clinic, childcare, airfare/accommodations, lost pay, medications, etc.
Legal expenses might cost as much as $10,000 and additional costs for example health care after birth, life insurance policies, DNA testing, medical and psychological evaluations also improve the cost.
In line with the surrogacy support website Surrogacy In Canada, the average cost for the gestational surrogacy typically runs between $32,000 to a lot more than $76,000.
Canadian law can make it illegal for a third-party, say for example a fertility clinic, to take 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, under the Assisted Human Reproduction Act, couples must locate a surrogate mother by themselves. Most get their look online with classifieds posted on major How to find a surrogate mother websites.
Canadians can make use of American surrogacy agencies, which provide prospective parents with profiles of screened and approved surrogates. These agencies charge between $4,000 and $18,000.
Librach estimates there are between 300 and 500 surrogacy arrangements each and every year. He explained surrogacy in Canada is “active”, but it doesn’t can compare to the number of surrogate pregnancy that occur every year in the United States.
Librach said some Canadians do travel overseas to arrange for surrogacy pregnancies – known as reproductive tourism.
“The reason is usually because the prices are significantly less, and unfortunately the regulations are nowhere near as strict as they are in Canada,” he explained. “There may be many problems that (the parents) may encounter that would placed the situation in jeopardy.”