Understanding Altruistic Surrogacy in British Columbia: An Insightful Guide

Understanding Surrogacy in British Columbia

Surrogacy is a complex yet rewarding journey, playing a pivotal role in fulfilling the dreams of parenthood for those unable to bear children. British Columbia follows the model of altruistic surrogacy, where the surrogate willingly offers to carry a baby for someone else. This act of kindness is not a commercial transaction; it is a noble gesture, motivated by the desire to help others.

Can a Surrogate be Paid for her Services? 

In accordance with the Canadian Assisted Human Reproduction Act, trading human eggs, sperm, or surrogacy services for profit is prohibited. While surrogates are not paid a salary for their services, they are reimbursed for their expenses related to the surrogacy process. This financial support includes many things such as the following: 

1. A fixed monthly sum to cover the surrogate’s expenses 
2. Reimbursement of expenses for: 
   1. Bed rest 
   2. Hospital visits 
   3. Legal fees
   4. Travel expenses related to the procedures and testing for pregnancy
   5. Lost wages 
   6. Life insurance policy 
   7. Critical illness insurance 
   8. Clothing 

Surrogacy in British Columbia: Who Can Be a Surrogate?

The surrogate‘s role is invaluable and, as such, it is surrounded by strict guidelines and prerequisites. As a rule, only women who have previously had a successful pregnancy and birth are considered for surrogacy. This criterion is not intended to discriminate but to ensure that the surrogate has a proven fertility history and understands the physical and emotional demands of pregnancy.

However, women who have experienced more than five pregnancies may not be accepted for surrogacy due to increased health risks associated with multiple pregnancies. Conditions like preterm labor, placenta previa, and others requiring medical intervention could potentially complicate the surrogacy process.

In many cases, surrogacy may even involve family members, like a sister, acting as a surrogate. Such arrangements are commonplace and can simplify the process due to the pre-existing close familial bonds.

Do You Need a Written Surrogacy Agreement in BC? 

Yes. BC’s Family Law Act mandates that the surrogate and expecting parents enter into a surrogacy agreement prior to the child’s birth. 

Surrogacy agreements generally set out the roles, expectations, and expenditures relating to surrogacy. If a surrogate and aspiring parents enter into a surrogacy arrangement without a written agreement, then the surrogate by default will be the biological and legal guardian of the child upon birth.

Legal Aspects of Surrogacy in British Columbia: How YLaw Can Help

Surrogacy involves complex legal procedures, and understanding these intricacies is crucial to ensure a smooth journey for all parties involved. YLaw, one of the leading law firms in British Columbia, provides professional legal consultation services to guide you through every legal facet of surrogacy. 

We cover many areas of surrogacy and agreements such as: 

1. Who is responsible for what prior to, during, and after the child’s birth
2. When the surrogate must hand over the child to the parents 
3. Where the child can be born 
4. What would happen if the surrogate wants to keep the child 
5. What expenses are reasonable and should be covered throughout the journey 
6. Who will be the legal guardians of the child upon birth

Concluding Thoughts: Altruistic Surrogacy in British Columbia

In British Columbia, surrogacy is more than a legal arrangement or a medical procedure. It is a testament to human compassion, resilience, and the shared dream of creating life. Surrogacy is an increasingly popular pathway to parenthood, with more than 400 surrogacies occurring annually in Canada.

If you’re ready to embark on this journey in British Columbia, armed with the right knowledge, professional legal guidance, and personal determination, your path to parenthood through surrogacy can be both an enlightening and fulfilling experience.

To meet with one of our award-winning surrogacy lawyers in Vancouver or Surrey, get in touch or call us at 604-974-9529.