Lawyers Financial

Surrogacy expense reimbursement creates practical challenges

Although the tension over expense reimbursement for surrogates in Canada may be academically interesting, the issue is very problematic from a practical perspective, Toronto fertility lawyer Sara Cohen tells The Toronto Star.

As the article notes, surrogates in Canada must be motivated by altruistic rather than economic reasons, although intended parents can cover pregnancy-related expenses as long as they are submitted with a receipt.

However, the Star notes that there are “mixed messages” in Canada’s laws regarding surrogacy and specifically, no clear outline on expenses.

As the article notes, the rules can be interpreted to allow intended parents to compensate surrogates for net lost wages when on bed rest as a result of the pregnancy, but this is not always clear. Intended parents also often question whether they can cover the cost of cleaning services or extra groceries for the surrogate during a pregnancy, for example.

The potential punishment for intended parents who pay surrogates can be as high as 10 years in prison and up to $500,000 in fines, reports the Star.

At the same time, the article notes, foreign interest in Canada’s surrogacy system is increasing, as it “stands as one of the better models internationally.”

“Because of what’s happening in the U.S. with political upheaval and a fear that reproductive freedoms are being threatened, more and more eyes are turning to Canada, and I believe they will continue to do so,” says Cohen, founder of Fertility Law Canada at D2Law LLP.

To Read More Sara Cohen Posts Click Here
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