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Surrogacy in Canada is legal for every child seeking individual regardless of their sexual orientation. Yet, this is subject to certain surrogacy laws in Canada. So, as you put your first foot forward in the same direction, getting familiar with the prohibitions related to surrogacy in Canada is highly critical.

Prohibitions pertaining to surrogacy in Canada

As per the surrogacy laws in Canada, no one shall, in violation of section 6 of the AHR Act:

• Hire a woman to serve as a surrogate mother; promise to pay her; or publicize their willingness to do so
• Accept remuneration (something provided or promised in exchange for something, other than just money) for setting up surrogate mother services, offer to do so for consideration, or promote setting up such services;
• Pay, promise to pay, or publicize paying someone else to make arrangements for a surrogate mother’s services i.e like services offered by surrogacy agency in Canada
• advise, influence, or perform any medical operation on a woman to assist her in becoming a surrogate mother while knowing or having reason to believe that the woman is under the age of 21.

Additionally, Section 6 of the AHR Act contains the following prohibitions:

• do not alter the legal standing of any contract that a person signs to be a surrogate mother under surrogacy laws in Canada
• This indicates that the legislation of the province in which the surrogacy contract is signed must be complied with.

Why these prohibitions related to surrogacy in Canada are in place ?

The restrictions are in line with the AHR Act’s guiding principles. For ethical and health grounds, it is strictly prohibited to use a person’s ability to re produce for financial advantage.

Rules pertaining to compensation for surrogate mothers

In Canada, it is illegal to offer, advertise, or pay a woman to be a surrogate mother in money, commodities, property, or services. The AHR Act excludes:

• ban surrogacy altogether, provided that a Canadian surrogate mother chooses to do so out of altruism (i.e., without receiving compensation or another benefit);
• Treating a lady who consents to serving as a surrogate mother as a criminal. It is forbidden to pay, promise to pay, or advertise that a woman will receive consideration in exchange for carrying a child.
• Although it is illegal to pay a surrogate mother, she may be compensated for out-of-pocket expenses specifically connected to her pregnancy by surrogacy agency in Canada.
• arranging for a surrogate mother’s services

AHR Act makes the following prohibited in Canada:

• to make a payment to a third party to secure the services of a surrogate mother, either directly or through an offer or advertisement. Paying a surrogacy agency in Canada that matches infertile couples with surrogate moms falls under this category.
• to take payment for organizing a surrogate mother’s services. Advertising surrogacy arrangements and offering to make such arrangements are both prohibited.

Among these restrictions are:

• exchange of products or services, or a covert payment that grants financial or other gain to a third party in exchange for the arrangement of a surrogate mother’s services
• This indicates that paying third parties to recruit a surrogate mother is prohibited by the AHR Act. Fertility clinics that pair infertile couples with surrogate moms are examples of third parties. The use of sham payments and indirect payments is prohibited during surrogacy in Canada. Paying a surrogate mother’s mortgage, credit card debt, or educational expenses are a few examples.

Age requirements to become a surrogate mother in Canada

In order to lessen the likelihood that young women may be exploited, it is illegal in Canada to:

• Any individual who knows or should know that a woman is under 21 years old should not give advice or otherwise attempt to convince her to become a surrogate mother is prohibited.
• When the individual knows or should know that the lady is under the age of 21, they must not perform a medical operation (such as assisted insemination or the implantation of an in vitro embryo) to aid her in becoming a surrogate mother.

Rules related to Surrogacy Contract

The AHR Act, as well as any provincial or territorial legislation, must be respected in any surrogacy agreements signed between the intended parents and the surrogate mother. Domestic and foreign legislation may also apply and may have an impact on the surrogacy agreement depending on where the intended parents and surrogate mother reside. To deal with potential complications including legal parentage, adoption, and citizenship issues, legal counsel should be sought before participating into surrogacy in Canada.