Creating a family is an exciting process but for people having infertility issues or same-sex people it can be a challenging process as they don’t have so many options. Those people have the option to adopt but also to pursue a surrogacy process in Canada or USA (or any other country where surrogacy is legal). From a legal point of view USA and Canada are the safest surrogacy countries although before starting to find surrogate mother o intended parents you need to learn about the local regulations as each state or province has their own surrogacy and fertility laws. Surrogacy in Canada: The Canadian law Surrogacy in Canada is governed by the AHRA. This federal regulation says that a woman cannot be paid for being a gestational carrier but she can be compensated surrogacy related expenses. You furthermore need to know that there is a grey area, because the law doesn’t define what can be refunded and what cannot be refunded Although the Canadian laws don’t allow to pay surrogate mother, prospective intended parents and surrogacy specialist are compensating to gestational carriers for pregnancy and living expenses. You need to be aware that provincial regulations are different in each Province but even with this complexity Canada is still a reliable choice to do your surrogacy journey and usually less expensive than in The United States of America because surrogacy in USA is more commercial oriented versus in Canada where is more altruistic oriented. Whether you want to pursue your surrogacy in Canada or surrogacy in USA, before starting you must get in contact with a reputable Canadian or American attorney to learn about the local regulation and steps you need to follow to avoid any legal problem. Surrogacy in USA and Canada: a friendly surrogacy countries Canada and the US are becoming surrogacy friendly country though surrogacy legislation needs to evolve in some provinces and state to better protect the rights of all parties involved (surrogate mothers, intended parents and egg/sperm donors). Final Thoughts: Legal Considerations
Surrogacy regulations and laws are not the same in all the Provinces in Canada and States in the US. Whether you are a surrogate mother, egg donor or intended parent it’s really important that you get in contact with a fertility/family lawyer before starting your surrogacy journey.
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