Under the Act, can a woman serve as a surrogate mother?
The AHRAct does not prohibit what is known as altruistic surrogacy arrangements, where a woman helps another person or couple without reward or personal financial benefit. However, no one can counsel or induce a female under the age of21 to become a surrogate mother. Altruistic surrogacy arrangements are governed by provincial and territorial laws. However, if a surrogate mother is paid or offered compensation beyond a reimbursement of reasonable legitimate expenses, the offer is prohibited under section6 of the AHRAct. Also prohibited is the payment or offer of compensation to a person to arrange for the services of a surrogate mother. Regulations will be developed to provide for the reimbursement of “reasonable expenditures”.
