In Canada, surrogacy is legal, but it is highly restricted. In this country, most of the bureaucracies are handled by provinces. Commercial surrogacy is a criminal offense, and a surrogate mother should not receive more than out-of-pocket expenses.

It is also important to note that the law highly regulates surrogacy agencies. They are not permitted to match surrogates with intended parents professionally. Also, it is an offense for agencies to charge money to manage a surrogate's cycle or pregnancy.

In 2019, changes were made to the AHRA act, which is the law that regulates surrogacy in Canada. The major changes include literal enforcement of the surrogate expenses currently stipulated by law. This is a change that could possibly have a huge impact on surrogacy in this country.

Before the changes to the act, surrogate mothers could be paid based on anticipated aggregated costs on top of the out-of-pocket expenses. However, with the changes taking effect, it could be challenging to pay a surrogate any expense on which she doesn’t have a physical receipt.

Even though there are high-level restrictions pertaining to surrogacy in Canada, it remains legal as long as it is done altruistically.



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