There is a law that allows surrogacy in Canada to foreigners. But in CANADA, the surrogacy law is altruistic and sets a limit to the amount that the surrogate can receive for compensation, which must include her medical expenses. A surrogate in the USA receives between 35,000 and 45,000 US dollars, and Canadian surrogates are aware of this and demand similar amounts.
Paying the excess is a criminal offence punishable by up to 10 years imprisonment and a fine of $500,000 Canadian dollars. As a law firm, we cannot recommend that you enter into such dangerous territory. In addition, intermediation is prohibited:
"Surrogacy in Canada is permitted as long as it is altruistic. The surrogate is prohibited by law from receiving any financial sum, except for medical expenses which shall be given by the intended parents. Thus, it is also forbidden to broker or advertise for the services of a surrogate mother (section 6 assisted human reproduction act 2004)".
There is no social security, therefore, all medical expenses that may occur for gestational surrogacy are paid by you.
There is no fixed price for surrogacy in Canada. If there are extra expenses, such as incubator, etc... You will have to pay them and the price of the surrogacy can skyrocket.
There is a shortage of surrogate women, to assign a pregnant woman can take from 12 months to a year and a half.
When you find a surrogate mother, she must accept you as the intended parents in a surrogacy in Canada.
60 A person who contravenes any of sections 5 to 7 and 9 is guilty of an offence and:
is liable, upon conviction on indictment, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding ten years, or to both; or
is liable on summary conviction to a fine not exceeding $250,000 or to imprisonment for up to four years, or to both.
is liable on conviction on indictment for a fine not exceeding $250,000 or for imprisonment for a term not exceeding five years, or for both; or
is liable, on summary conviction, to a fine not exceeding $100,000 or to imprisonment for up to two years, or to both.
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