Jack’s sister, Jannika, and her husband Bill always wanted to
have a child. They have now been trying for more than 5 years, but nothing
seems to be working. A good friend of theirs, Rachel, who already has 3
children, has offered to carry their child. Jannika and Bill are really excited
at the idea of having a close friend carrying their baby. The plan is for Jannika
and Bill to provide their gametes (sperm and egg) and for Rachel to act solely
as a carrier. Rachel will be carrying the baby without compensation. They are
thinking of going through an agency to carry on with the project.
There are two types of surrogacy: commercial and altruistic. In
Canada, “commercial surrogacy”, which sees surrogate mothers receive money for
carrying a couple’s child, is illegal. Likewise, it is also illegal for
would-be parents seeking a surrogate to advertise that they are willing to pay
a woman for the service. However, it is
legal to reimburse a surrogate for the expenses she incurs as a result of the
pregnancy. This is what is called “altruistic surrogacy.
The
expenses that an altruistic surrogate mother may incur and can obtain
reimbursement for, include:
- Medication
- Maternity clothes
- Travel costs
- Pre-natal supplements and vitamins
- Loss of work if bed rest becomes necessary
Though it is illegal to compensate a surrogate mother for carrying a child, surrogacy is still a very expensive process. According to the surrogacy support website Surrogacy in Canada, the typical cost for a gestational surrogacy varies between $32,000 and $76,000. These costs take into consideration the in-vitro fertilization, the expenses before and during pregnancy as well as the legal expenses. Since not many young couples have that kind of money, it is more and more common for them to enter into “underground” surrogate arrangements, thus avoiding the need to go through an agency and allowing them to use other methods of fertilization. A child is always a wonderful gift of life, but you may end up with a different deal than what you bargained for, during the pregnancy and after the baby is born. Surrogacy is a complex process so before you have recourse to it, you should absolutely seek legal advice to fully understand the rights and obligations that result for all parties involved.
