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Surrogacy

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by

Sonali Prasad

on 14 June 2014

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Transcript of Surrogacy

When a woman agrees to become pregnant and give birth for others to raise the child
What is Surrogacy?
Surrogacy
Gestational: Heterosexual birth parents create an embryo for the surrogate mother to carry, which she has no relation to
Traditional: Surrogate mother and intended father create an embryo, the intended mother has no relation to the baby
Donor: Surrogate mother and donor sperm to create an embryo, baby is only related to the surrogate
Ways of creating a surrogate baby:
Commercial: the surrogate mother is compensated for carrying the baby
Altruistic: the surrogate mother is not compensated whatsoever
Types of Surrogacy:
In 2004 the Assisted Human Reproduction Act passed illegalizing commercial surrogacy
Only out of pocket expenses are legal (clothing, vitamins, travel, medical costs and lost wages, depending on the contract)
Surrogate mothers must be 21 - 45 years old
Criminal penalty of $500k/ 10 years in prison
Laws regarding Surrogacy
Contracts in traditional surrogacy is unenforceable is the surrogate changes her mind
Surrogate mother would have to be proven unfit and would result in a custody battle
If the surrogate were to win, the birth father would have to pay child support
In gestational surrogacy, birth parents have rights to the child regardless of a contract
No cases in Canada regarding surrogate custody battles
Surrogacy contracts don't have anny legal standing in Quebec
Contracts for Surrogacy
There are no international treaties or laws regarding surrogacy
In India and Ukraine, surrogacy is unregulated resulting in surrogacy tourism
Surrogacy Internationally
Anna Johnson was a surrogate to Mark and Crispina Calvert
Contract stated Johnson was to be paid $10k to carry and give up all parental rights at the birth of the child
Johnson sued to have parental and visitation rights
Johnson lost
Johnson vs. Calvert
1. True or false, commercial surrogacy is legal in Canada?
2. Which form of surrogacy does the surrogate mother have parental rights?
3. In the clip of Baby Mama, the gay couple would have used which form of surrogacy?
4. What is the maximum sentence for breaking surrogacy laws?

Questions
By Sonali Prasad
Donor egg + birth father = related on to intended father
Birth mother + Donor sperm = related to intended father
Donor sperm + donor egg = no relation to anyone in the surrogacy process
Reasons for choosing surrogacy:
A couple can't have a baby
Adoption is lengthy, complicated, and expensive
Poem
You’re oven doesn’t work
The adoption agency’s being a jerk
Your husband can’t shoot
The house is completely mute
He gave up his Mercedes
Because you both want a baby
You've tried everything
The priest even gave blessings
There’s always invetro
But it always came up zero
Then you found a girl
And she was like a pearl
Talking was embarrassment
But she agreed to be your surrogate
The lawyer wrote a contract
Complying with Assisted Human Reproduction Act
In nine months you had a baby
And you named it Jamie
Full transcript