CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Monday, November 22, 2021

Carsley on Surrogacy

Stefanie Carsley (University of Ottawa - Faculty of Law) has posted Regulating Reimbursements for Surrogate Mothers (Alberta Law Review, Vol. 58, No. 4, 2021) on SSRN. Here is the abstract:
In Canada, the Assisted Human Reproduction Act (AHRA) criminalizes commercial surrogacy while allowing surrogates to be reimbursed for their out-of-pocket expenses and lost work-related income during pregnancy. These reimbursements must take place in accordance with the Reimbursement Related to Assisted Human Reproduction Regulations (Regulations), which were enacted in June 2020. This article explores the history and development of the AHRA and draws on interviews with 26 Canadian fertility lawyers to examine and critique the Regulations. I argue that while the final version of these regulations is more inclusive and flexible than prior drafts, the AHRA may still leave some surrogates in a precarious financial position. In turn, while the Regulations help clarify what is a legal reimbursement, they are unlikely to deter paid surrogacy and may generate new confusion about what is permitted under the AHRA.

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