Changes to the Assisted Human Reproduction Act in Canada

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Changes to the Assisted Human Reproduction Act in Canada

Although surrogacy is continuing to grow in popularity and is a widely recognized and accepted practice in much of the world, there are still many countries whose laws have not yet been updated to reflect the changing times. In Canada today, it is against the law to pay a gestational carrier for her services. It is also illegal to pay sperm donors or egg donors. But, recent changes to the country’s Assisted Human Reproduction Act, effective June 2020, codify and specifically authorize various types of expenses that will be legally reimbursable.

For sperm and egg donors, reimbursable expenses under the new law will include certain travel costs, care for dependents or pets, legal expenses, counseling, certain medical drugs or devices, insurance coverages, the costs associated with obtaining medical records, and certain medically prescribed products or services.

For gestational carriers, the law’s changes will allow for reimbursement for the above expenses as well as for midwife or doula services, maternity clothing, groceries, prenatal exercise classes, certain telecommunications expenses related to the surrogacy arrangement, delivery expenses, and the loss of work-related income under certain circumstances.

In order to be reimbursable, the person claiming the expense must be able to provide evidence of their costs using receipts or other written documentation. And, for intended parents and surrogates in British Columbia, the law also requires the parties to enter into a legal contract documenting their agreement before conception.

At The Surrogacy Law Center, we believe legal agreements for surrogacy arrangements are always a necessary step in your surrogacy journey. We work closely with individuals and couples who want to start or expand their families using surrogacy to ensure the intended parents’ rights — and the rights of their future children — are protected. To learn more, contact us today