As the use of reproductive technologies becomes more mainstream, the law (which is often slow to catch up with science) is evolving to recognize the diverse ways in which people choose to grow their families.
As of June 9, 2020, important changes to the Assisted Human Reproduction Act will come into force. As MP Anthony Housefather stated, the changes are intended to "make sure that our laws in Canada related to assisted human reproduction are from 2018 and not from 1988."
In Canada, it is illegal to pay a surrogate to become a surrogate, or to pay a donor for ova or sperm. However, as of June 2020, specific Regulations will come into force to govern exactly how and what expenses can be reimbursed.
Eligible reimbursements to surrogate mothers include:
- travel including transportation, parking, meals, and accommodation;
- care of dependents or pets;
- legal services and disbursements (for example, the cost of a Surrogacy Agreement);
- drugs or devices defined in section 2 of the Food and Drugs Act (including prescription and non-prescription drugs, and natural health products such as prenatal vitamins);
- products or services recommended by a doctor in writing to assess, monitor and provide health care to a woman during her pregnancy, delivery, or post-partum, and the cost of obtaining the written recommendation;
- midwife or doula services;
- groceries, excluding non-food items;
- maternity clothes;
- telecommunications (for example, long-distance phone charges to stay connected to the intended parents);
- prenatal exercise classes;
- delivery expenses;
- health, disability, or life insurance coverage;
- obtaining or confirming medical records; and
- loss of work-related income if a doctor certifies in writing that continuing to work may pose a risk to her health or that of the embryo or foetus.
Reimbursement specific to ova and sperm donors include the following:
- travel including transportation, parking, meals, and accommodation;
- care of dependents or pets;
- counselling services;
- legal services and disbursements;
- drugs or devices defined in section 2 of the Food and Drugs Act;
- products or services recommended by a doctor in writing, and the cost of obtaining said written recommendation;
- health, disability, or life insurance coverage; and
- obtaining or confirming medical records.
Receipts for expenses are required, and a person can only reimburse an eligible expense once they have obtained documentation from the person requesting the reimbursement, including a declaration setting out the recipient’s name, address, and nature of the expenditure and the date it was incurred.
Most importantly, in British Columbia, a written legal agreement is required prior to conception of a child in order for a surrogacy or donation arrangement to be valid. A fertility lawyer can help you prepare the necessary documents and guide you through this process to ensure your rights are protected whether you are an intended parent, considering surrogacy, or donating ova or sperm.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
