Muskaan SulaimanMr. AldunateCLN4U1-01January 15 2018 Glass DoorTo SurrogacyThere aremany factors to consider before pursuing surrogacy, as the positives faroutweigh the negatives and it is a rewarding experience that deeply enrichesthe lives of everyone it touches. Surrogacycan be a physically and emotionally demanding experience, and it takes aspecial person to be a surrogate for another family. However, the women chosenfor surrogacy agrees that seeing a complete family at the end of their journeyis the ultimate reward that makes it all. Here are just a few surrogacybenefits that intended parents enjoy.
Surrogacy allows infertile couples, single people and members ofthe LGBT community to become parents when they may not be ableto have children. Surrogacy gives hopeful parents the opportunity to raise achild from birth. Surrogacy gives intended parents more control and peace ofmind throughout the pregnancy than they usually have with fertility treatmentsor adoption. While surrogacy is not without its challenges for intended parents.
Many surrogacy agencies encourage post-birth contact between the surrogate andthe family. This continued relationship allows for an incredibly unique andpowerful experience for everyone involved. Surrogacy is often abetter option than other fertility treatments. Surrogacy has a higher success ratethan other fertility treatments, and with continuedimprovement of IVF procedures, surrogacy is only getting moresuccessful. Unfortunatelythere are some obstacles for the people who are involved in this procedure. In certain instances, the surrogate mothers develop astrong attachment to the baby and refuse to give away the child on birth. Someof the biological mothers have won the cases.
However, in states wheresurrogacy is allowed, this has gone against them and they have lost theirvisitation or custody rights. Either of the parties, be it the intended parentsor the surrogate can breach their contract. Some of the examples of contractbreaches include: voluntary abortion by the surrogate without theconsent of intended parents. The surrogate can also breach the contract byfailing to follow certain behavioural restrictions (by drug abuse/ alcoholconsumption for example) during the gestation period. Failure of the intendedparents to pay for all the expenses and fees. Refusal to go for an abortionfollowing the attending physician’s recommendation.
The surrogate mother may face medical complications during thepregnancy. For example, the surrogate mother is more liable to developinfections when another woman’s eggs are transplanted into her. Miscarriage isvery common. Since in most cases, more than one embryo is implanted in theuterus to enhance the chances of successful pregnancy, it also enhances thepossibility of twins or triplets. Often, this becomes crucial for the mother’shealth as well as that of the unborn babies. Morefurther some common ethical issues regardingsurrogacy are, many people still consider surrogacy as a baby sellingprocess and a surrogate mother is still looked down upon.
There are two types of surrogacy: traditional surrogacywhere the surrogate mother is genetically related to the child she is carryingon behalf of the intended parent, and gestational surrogacy where thegestational carrier has no genetic connection to the child she is carrying(either the intended mother’s ovaries are used, or those of an egg donor).Parents are often found to be indecisive about whether they should allow theirchild to know the identity of the people involved in his/ her delivery. Different religions have varied approaches to surrogacy.For example Jewish law permits surrogacy only if it is a fullgestational surrogacy. Also, the gametes of both intended parents should beincluded and in vitro fertilization should be the mode of fertilizationfollowed. Paragraph 2376 of the Catechism ofthe Catholic Church states, “Techniquesthat entail the dissociation of husband and wife, by the intrusion of a personother than the couple are gravely immoral.” In recent years surrogacyhas become more of an accepted practice.
Still the ethical question remains asto whether a woman who is being paid for her surrogacy is exploiting infertilecouples and entering the contract for money. Others see the infertile couple asexploiting the surrogate’s body and taking advantage of a woman who needsmoney. Therefore,there are also some couples who enter private agreements with a surrogate inwhich agencies are not involved.
In certain states it can be a complexprocess for the intended mother to be named as the parent, especially in caseswhere the surrogate is the biological mother. Hence, intended parents mustprepare a legal contract where the surrogate agrees to abandon her maternalrights and thereby allows the intended mother to adopt the child. Some jurisdictions forbid commercial surrogacy. If doctors discover thatthe fetus has potential birth defects or some other health problems, then theintended parents might decide to discontinue the pregnancy. This can rise toseveral legal problems, particularly if they use the sperm from a donor or eggsnot belonging to the surrogate for pregnancy. In this case, the problem is whogets to decide whether the pregnancy should be carried on or terminated. So before you approach a surrogate, it is imperativethat you seek the advice of legal counsel and make sure that all pertinentissues are addressed.
Also, when the contract is drafted and ready for theintended parent and the surrogate to sign, make sure that it complies with thestate and local laws involving surrogacy. Identity of the Child,there are also ethical considerations that are brought to mind in terms ofinforming the child of his or her surrogate mother, as doing so may have aneffect on the child’s self-identity. Complicated process for the non-biologicalmother to be named as the parent, particularly in cases where the surrogate isthe biological mother. The surrogate must sign away her maternal rights so thatthe intended mother can adopt the child. If the sperm of the adoptive mother’shusband was used to fertilize the egg, the biological father is named on thechild’s birth certificate. Many states require that a legal contract be drawnup between the couple and the surrogate and her spouse or partner detailing allarrangements relating to the pregnancy and birth. The parties involved in asurrogacy contract should seek the advice of legal counsel to make certain thatall pertinent issues are addressed and that the contract is in compliance withstate and local laws involving surrogacy and adoption.
Besides the grey areasurrounding the law because of the question that is it legal or illegal to pay thesurrogate mother who carries the child?.Theassisted human reproduction act prohibits the provision or acceptance ofconsideration to a woman for acting as a surrogate; it is illegal topay a surrogate mother forher services. However, it is legal toreimburse a surrogate mother forher reasonable expenses incurred as a result of the surrogacy. Thereare two reasons for this: Although it isillegal to pay a surrogate in Canada, intended parents may reimburse her formost reasonable expenses incurred directly as a result of the surrogacy. Accordingly, each situation is different and intended parents shouldexpect to reimburse a surrogate in accordance with the specific circumstancesof the surrogate. For example, if a surrogate has a complicated pregnancyand is on bed rest, intended parents can expect that more expenses are likelyto be incurred than if the pregnancy is uncomplicated.
To add some certainty for all parties,surrogacy agreements often contractually limit the amount that intended parentswill legally be liable to reimburse a surrogate for her reasonable incurredexpenses. Sometimes a surrogate undergoes numerous transfers, which increasesthe overall cost of surrogacy. Traditionalsurrogacy where the surrogate mother is genetically related to the child she iscarrying on behalf of the intended parent may seem like an attractive optionbecause without the cost of IVF, the medical process may be lessexpensive. However, from a legal perspective, traditional surrogacy isfraught with danger and few fertility clinics will engage in the practice. That being said, traditionalsurrogacy is legal and frequently happens in Canada, although mostoften outside of a clinic setting. Asurrogacy lawyer can assist you in navigating the murky Canadian fertilitylaws.
The AssistedHuman Reproduction Act governs surrogacy, but also governs howintended parents and surrogate mothers find each other so it isworth contacting a fertility lawyer early on in the process. Once the intended parents and the surrogate mother have decided that they wouldlike to work together in building the intended parents’ family, a surrogacyagreement must be drafted and negotiated, setting out the legal obligations andrights of each party to the agreement. Once a baby is born via surrogacy,further legal steps will be needed to be taken in order for the intendedparents, and not the surrogate or her husband or partner, if any, to bedeclared the legal parents of the child. However surrogacy is a protected ideologyin Canada.
Paying directly and arranging for the services of a surrogate inCanada for a fee is punishable under the AHRA by a fine of up to $500,000 or 10years in prison. Programs with Traditional surrogacy in India, Mexico andThailand are closing down, Canada has become a magnet for international babyseekers. Some surrogates are left angry after they have completed their job asthey are left with little money, no job, broken relationships, physicalcomplications and they feel used. One of the biggest criticisms in Canada’ssurrogacy laws is that the language is vague.
The surrogates should be paid asthey are putting their lives on hold and possibly in danger for someone else.They should be entitled to something. There is so much grey area left to beuncovered by the intended parents and the surrogate.
The federal governmentshould introduce rules that would regain health-care costs. There are some foreignintended parents who would like to buy insurance for the surrogate and the babybut there is nothing even close to a system or a program like this. This systemcould prevent complicated surrogacy pregnancies. Furthermore paying surrogatesfor out of pocket expenses which include medication, childcare, maternityclothes, travel cost, and also reimbursing her for loss of wage during bed restis legal. But paying her mortgage, credit card bills is considered illegal.
Tofind a surrogate mother Intended parents can always refer to a fertility clinicand to clear the grey area always visit a professional. In conclusion it’s safeto say that the topic of surrogacy is very sensitive, so is the job of being asurrogate. So in Canada surrogates should be legally paid with some exceptions.