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Wednesday, 18 April 2018 10:01

Canadian ban on paying for surrogacy leads to unintended and unfortunate consequences for parents in contrast with stable clear Ukrainian surrogacy laws

In Sarah Leamon's article below, it documents that the law banning commercial surrogacy in Canada, with fines of up to $500,000 has been used only once. Put in place to prevent potential exploitation, this law has done more to place a barrier to surrogacy as an option for Canadians to create a family. Canadian ban on paying for surrogacy leads to unintended and unfortunate consequences for parents

A Liberal MP is trying to change Canada's surrogacy laws and expand reproductive rights for Canadians. Anthony Housefather has announced his plans to introduce a private member's bill, which would repeal the current legal prohibitions against paying for a surrogate.

Current laws are surrogacy in Canada are vague...and simultaneously harsh.

They are governed by the Assisted Human Reproduction Act, which states that while it is legally permissible to compensate a surrogate for expenses reasonably related to the surrogacy arrangement, it is illegal to pay a surrogate for her services outright. It also bans monetary compensation for sperm and egg donations.

If a person is found guilty of such offences, the penalties are severe. They could face up to 10 years in prison and/or a $500,000 fine.

When it comes to surrogacy, this means that many intended parents are weary about what they can and cannot do within the confines of such an agreement. While they should be able to safely reimburse a surrogate for things like medical expenses and prenatal vitamins, they may not feel quite as comfortable paying for lost wages or a vehicle to get to and from doctors' appointments.

The ambiguity in the law puts additional stresses on both surrogates and intended parents-all at a time when they should be thinking about more important things than who is picking up the next bill.

But it hasn't always been this way.

These prohibitions were first brought into law in the 2004. This was largely done in an attempt to quell concerns that advancements in reproductive technologies would mean that vulnerable people would be exploited by abusive surrogacy agreements.

A small group of vocal academics continue to express these concerns, asserting that the monetary compensation of surrogates and/or egg and sperm donations are contrary to Canadian values.

However, such trepidations are unfounded.

Of particular note is the fact that only one person has ever been prosecuted under these laws since their introduction. This alone tends to indicate that the perceived fear of exploitation around advancing reproductive technology never became a practical reality in Canadian society.

What did become a reality, however, was the negative effect that these laws had on Canadians' abilities to safely access reproductive options right here at home.

To begin with, domestic sperm donations fell drastically in the years following its implementation.

Canada went from having over 20 sperm-donor facilities to just one national sperm bank.

This means that the vast majority of Canadian women looking for sperm donations have been forced to turn to other countries, such as the United States, in hopes of becoming pregnant…and for some, this has had unforeseen and difficult consequences.

In 2016, 26 Canadian families were sent into a tailspin after discovering that the supposedly healthy sperm donor from Georgia whom they had selected to create their families actually suffered from severe mental health issues, including schizophrenia and bipolar disorder.

A lack of analogous health and safety standards in the U.S., coupled with a loss of information during the importation process, were ultimately to blame.

A reliance on internationally imported sperm means that Canadian families are often unable to access the information that they require in order to make a properly informed decision about their sperm donor. They may ultimately be left in a vulnerable situation and could unknowingly accept a donation that they otherwise would not have, with little to no recourse.

But still, they continue to go abroad due to the prohibitive laws we have here at home.

And the same has happened for surrogacy agreements.

More and more, prospective parents are going abroad and using consulting agencies in order to find a surrogate. As many provinces continue to consider such agencies as potentially illegal, they largely operate within the shadows of the law. They are often unlicensed and not subject to any professional guidelines.

This ultimately puts all parties at risk.

It is a cruel irony that this law appears to be doing exactly what it was intended to prevent in the first place-jeopardizing the safety and well-being of Canadians who wish to start a family by using these advancements in technology.

For that reason, these laws should be repealed. They are not working, and creating change in this area will offer some much-needed clarity for those seeking reproductive assistance.

It would expand the overall reproductive rights of Canadians.

It goes without saying that mentally competent adults are able to make their own reproductive choices and decide what to do with their own bodies.

An increase in reproductive freedoms translates to an increase in societal freedoms overall.

Our rights are championed by laws that extend our liberties and treat us as the independent and autonomous individuals we are. All Canadians should be empowered by laws that support them in their reproductive choices and allow women to carry a child for themselves, for someone else, or not at all-through whichever means necessary.

Finally, it would be amiss not to consider the fact that Canadian life is much different today than it was in the early 2000s when these laws were first passed.

With the legalization of gay marriage, and more and more women choosing to delay motherhood for various social and economic reasons, the need for reproductive services and technology is more important today than ever before.

Ultimately, there is no need for this kind of paternalistic legal intervention.

After all, there's no place for the state in the bedrooms of the nation.

- Delivering Dreams helps couples throughout the US struggling with infertility have children. Located in NJ and Kyiv Ukraine, our amazing medical facilities and professionals, surrogates and donors are in Ukraine, because Ukrainian law protects the rights of parents and their children from inception at affordable costs and high success rates.

- Unique to Delivering Dreams, we offer guaranteed not to exceed, all-inclusive pricing and contracts under US law to provide prospective parents legal and financial security.

- 1 in 6 couples are struggling with infertility. You are not alone. We want to be your path to parenthood.

- Would you like to learn more? Please contact us to share your challenges, ask questions and discuss solutions. This email address is being protected from spambots. You need JavaScript enabled to view it., 1.908.386.3864.

- International surrogacy made simple!

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A and S
The communication with surrogate is easy and better than what we expected. The updates are provided as scheduled with occasional surprises
The support was great. It was easy on us that the coordination was done by the delivering dreams team while being completely transparent with us on the progress. The communication with the delivering dreams team was always fast, responsive, and easy.
E and K
Thank you kate. You have been great today and all the other days ❤ you are a great team. We are very satisfied and happy for your help.
We were confident before in our choice, but this experience has confirmed beyond any doubt that we choose the best agency.
I loved working with Susan and her team and highly recommend them to anyone considering her services. She's is great at every aspect of a process and knows how to handle delicate matters.
Diana Lyakhovetska
Susan truly understands the needs of parents using surrogacy, and offers comprehensive emotional support to parents as they experience the journey!
Christine Hughes Pontier
The team at Delivering Dreams is amazing! Their attention to detail and ability to put your mind at ease while growing your family is like none other. They handled everything for us, and I never once doubted they would help us accomplish our dreams.
Margaret Jones
I’ve known Susan for several years now, and I’ve always been impressed by her attention to her clients’ needs. I’ve known her to work ardently and diligently to solve whatever challenges, no matter how unique, that prevent her clients from completing their families. She is a problem-solver, and she earnestly believes in providing the best options and in making surrogacy opportunities realities: this is not merely a business for Susan. She will help customize the process for your needs and to ...
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Mary Woods
Susan has a keen sense of business and goes to the max to solve her clients’ problems. She is super knowledgeable on business, laws and how things work in surrogacy in general, and specifically on Ukrainian surrogacy. She is an advocate for transparency in a market that’s often opaque and full of hidden risks. I really enjoyed working with Susan. She really pays attention to detail and was always looking out for my best interest above all. Highly recommend!
Laurie Tham
Delivering Dreams goes above and beyond what other surrogacy agencies offer. After speaking with Susan, I see how they anticipate every part of the process, down to details that I had never even considered. I didn’t know what I didn’t know! Surrogacy can be really complicated and confusing. What an amazing sense of relief to have a company so dedicated to managing the WHOLE process and taking away as much of the stress as possible.
Kate Varness
I have gotten to know Susan through a group where we are members. I have found her to be a genuine and caring person. Her consideration for others and love of her work with Ukrainian surrogates and parents-to-be are evident in all her decision making. She is passionate about being a force for the greater good and helping where she can. I have been amazed at the way she is able to smoothly navigate the complicated maze of requirements in the surrogacy process. I am happy to give her my highest...
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Rose Anne Barbour Huck
Susan Kibler is kind.  She clearly loves those she works with and loves what she does.  Susan listens deeply and compassionately and can make you laugh all in the space of one conversation.  She is wonderful!  If you are feeling worried, she'll hear you.  If you have questions, she will find answers for you. If you need help, she does her very best to support you.  I feel so fortunate to have found her and imagine you will too.
Frances Russell
Susan has the ability to really connect on a personal level quickly.  I have found her easy to talk to and have been so grateful for her guidance.  She is one of those people who offers so much to her clients.  She sees the big picture and has a heart for the most intimate concerns.  She is highly skilled and able to manage what can certainly be challenging and uncomfortable experiences, making them feel easier.  She will take charge at the perfect times and guide you when you really need her...
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Susan Seare
The international surrogacy world is complicated. Susan Kibler knows its ins-and-outs. She knows the people and outfits you can trust and the ones to avoid. She insists on the best for her clients and handles the details so they don't have to worry about them. If you want to take the international surrogacy journey, you can trust Delivering Dreams International Surrogacy Agency to guide you on that path.
Nancy Linnerooth
My friend and I had a positive experience working with Susan. Susan is always super responsive and caring. She is very professional, helpful and reliable. My friend has soo much troubles trying having a baby for many years. My friend and her husband were about to give up their dream of having a baby. Susan Kersch Kibler found the way to help. She has unlimited energy, attentive to detail and super efficient. Great to work with!
Polina Clend
Susan is passionate about helping people become families. She is a trustworthy confidant to have on your side.
Kristen Ancker
Our experience with Delivering Dreams has been overwhelmingly positive. The team seems to be genuinely dedicated to helping us to realize our dream of having a child. The constant communication leading up to the trip and the numerous touch points made us feel comforted in what has been a very challenging and uncomfortable situation. We always had streamlined communication through the group chat and was frequently checked on during our stay.

Under Ukrainian law, surrogacy is a legal affordable option for traditionally married couples to have children using their own embryos, or with either an egg or sperm donor. There must be a medical reason you can’t carry a child. You are also able to participate if you have had 4 unsuccessful IVF attempts.


Under Ukrainian law, surrogacy is a legal affordable option for traditionally married couples to have children using their own embryos, or with either an egg or sperm donor. There must be a medical reason you can’t carry a child. You are also able to participate if you have had 4 unsuccessful IVF attempts.