{"id":2413,"date":"2017-05-18T07:47:31","date_gmt":"2017-05-18T11:47:31","guid":{"rendered":"https:\/\/lmrlawyers.com\/?p=2413\/"},"modified":"2017-05-16T07:51:33","modified_gmt":"2017-05-16T11:51:33","slug":"surrogacy-agreements-important-considerations","status":"publish","type":"post","link":"https:\/\/lmrlawyers.com\/fr\/surrogacy-agreements-important-considerations\/","title":{"rendered":"Surrogacy Agreements: Important Considerations"},"content":{"rendered":"

Canadians are increasingly turning to assisted reproductive technology, such as surrogacy, to expand their families. This is because of the increasing availability of the technology, a rise in infertility, and the change in the make-up of families, including having children later in life and an increase in same-sex couples.<\/p>\n

If you and your partner are considering using a surrogate, or you have been asked to be a surrogate, it is important that you be aware of the significant legal implications and considerations of this unique arrangement.<\/p>\n

For example, did you know that under Canadian law, you are prohibited from paying a surrogate? There are some expenses for which the surrogate can be reimbursed, however, the law is not yet settled as to what can and cannot be reimbursed.<\/p>\n

An important consideration in making your decision whom to use for a surrogate may be by where the surrogate lives, as this will <\/strong>determine how you, your partner and the surrogate are legally recognized as parents. Who is recognized as a parent is provincially regulated, and therefore varies from province to province. It is important to be aware of those differences.<\/p>\n

For example, in Prince Edward Island, a woman who gives birth to a child is automatically deemed to be the child\u2019s mother; this includes a surrogate. In Alberta, a Court Order is required to recognize parental rights over any rights the surrogate may have to the child. In other provinces, such as Manitoba, New Brunswick, Newfoundland and Saskatchewan, there is no legislation addressing parental rights, leaving this area of the law rather grey.<\/p>\n

In Ontario, a surrogate is not<\/strong> a parent provided all four of the following requirements are fulfilled:<\/p>\n