What impact does the prohibition on payment to a surrogate have on surrogacy contracts?
Section 6 of the AHR Act prohibits anyone from paying a person to act as a surrogate. It also prohibits anyone from receiving payment for arranging, offering to arrange, or advertising to arrange the services of a surrogate. Section 6 came into force on April 22, 2004.Again, the Act is not retroactive. So, regardless of any agreement or contract, any payments made for surrogacy services before section 6 was brought into force are not subject to the criminal penalties, but any payments for surrogacy services made after section 6 was brought into force will constitute a criminal offence. As with sperm/egg donors, given that section 12 will not be proclaimed until late 2005, the reimbursement of any actual, expenditures associated with the surrogacy would be permissible.This prohibition does not affect the validity under provincial law of any agreement or contract under which a person agrees to be a surrogate (subsection 6(5)).
The validity, including civil enforceability, of a surrogacy agreement is a matter of provincial law. However, one of the key principles of the Assisted Human Reproduction Act is that trade in the reproductive capabilities of women and men for commercial ends raise health and ethical concerns that justify their prohibition. Accordingly, section 6 of the Act prohibits anyone from paying or offering to pay a woman to act be a surrogate mother. It also prohibits anyone from making or accepting payment or an offer of payment for arranging or advertising to arrange for the services of a surrogate mother. Section 6 came into force on April 22, 2004.
Related Questions
- What impact does the prohibition on arranging surrogacy services - for payment - have on Assisted Human Reproduction clinics, doctors and lawyers?
- What impact does the prohibition on arranging surrogacy services - for payment - have on AHR clinics, doctors and lawyers?
- What impact does the prohibition on payment to a surrogate have on surrogacy contracts?
