How to Maximize Surrogacy Benefits and Surrogate payments in Canada and Comply with Canadian Law

Navigating the surrogacy process in Canada can be complex, especially when it comes to understanding the financial and legal aspects. It’s crucial for surrogates and intended parents to know what benefits and reimbursements are available, while also ensuring compliance with the Assisted Human Reproduction Act (AHRA). This guide will help you understand how to maximize surrogacy benefits legally and transparently.

1. Understanding Legal Reimbursement in Canada

Under Canadian law, surrogacy arrangements are altruistic, meaning surrogates cannot be paid for carrying a child. However, surrogates are entitled to reimbursement for specific, reasonable, and documented expenses related to the surrogacy. To ensure compliance, all reimbursable expenses must be directly related to the pregnancy or the surrogacy process and must be supported by receipts or other proof of expenditure.

2. Eligible Reimbursable Expenses

The following categories are legally reimbursable under Canadian law, provided that they are necessary and directly related to the pregnancy:

• Medical Expenses: This includes all surrogacy-related medical costs, such as medications, medical appointments, fertility treatments, and hospital visits. These expenses are typically well-documented and easy to track.
• Travel Costs: Transportation to and from surrogacy-related medical appointments, including mileage, parking fees, airfare, or public transport, can be reimbursed.
• Maternity Clothing: Surrogates are often eligible to be reimbursed for maternity clothing that is necessary for their comfort during pregnancy.
• Childcare and Domestic Help: If a surrogate requires help caring for her own children or assistance with household tasks due to pregnancy complications, these costs may be reimbursed.

3. Grey Areas in Surrogacy Reimbursement

Some expenses fall into a grey area and may be reimbursable, depending on the circumstances and documentation provided. These include:

• Wellness and Self-Care: Prenatal massages, chiropractic care, or acupuncture may be reimbursed if recommended by a healthcare professional to support the pregnancy. However, these must be carefully documented to show their necessity.
• Special Dietary Needs: If a healthcare provider prescribes certain foods or supplements to support the surrogate’s health, these additional costs may be eligible for reimbursement.
• Home Adjustments: Certain home improvements or purchases (e.g., air purifiers or ergonomic furniture) could be reimbursed if they are medically required for the surrogate’s comfort during pregnancy.
• Mental Health Support: Counseling services for the surrogate are reimbursable, and, in some cases, emotional support services for family members could be justified if they are directly impacted by the surrogacy process.
• Pet and Lawn Care: If a surrogate cannot perform certain tasks like pet care or yard work due to medical advice, the cost of hiring help could be considered a reimbursable expense.

4. Lost Wages for Surrogates

Surrogates who are unable to work due to pregnancy-related issues can be reimbursed for their lost wages, including:

• Part-Time and Full-Time Work: If a surrogate misses work due to medical appointments, pregnancy complications, or being placed on bed rest, she may be reimbursed for the income lost during this period. Proper documentation, such as pay stubs and medical notes, is required to support these claims.
• Limitations: Reimbursement for lost wages is limited to the actual earnings lost. Surrogates cannot profit from this reimbursement and can only claim the exact amount they would have earned had they not been affected by the pregnancy.

5. Postpartum Recovery Expenses

Expenses related to the surrogate’s recovery after birth can also be reimbursed, such as:

• Postpartum Care: Costs for physical therapy or other treatments that aid in recovery after giving birth may be eligible for reimbursement.
• Temporary Domestic Help: If a surrogate is unable to perform household tasks after the birth, she may be reimbursed for hiring help during her recovery period.

6. Government Benefits for Surrogates

In Canada, surrogates are not eligible for maternity benefits through the Employment Insurance (EI) program because they do not take parental responsibility for the child. However, some surrogates may be eligible for other government benefits, such as:

• EI Sickness Benefits: If the surrogate experiences pregnancy complications that prevent her from working, she may qualify for up to 15 weeks of sickness benefits. This benefit is available for individuals who are unable to work due to illness or injury, including pregnancy-related health issues.
• 55% of the average insurable earnings: This is the standard calculation for the weekly benefit.
• Maximum weekly benefit: $650
• Private Insurance or Workplace Benefits: In some cases, surrogates may have access to short-term disability or sick leave through private insurance or workplace benefits. These benefits can provide financial support during pregnancy complications or recovery.

7. Ineligible Expenses

Certain expenses are not reimbursable under Canadian surrogacy law, including:

• Rent or Mortgage Payments: Regular housing costs cannot be reimbursed, although temporary housing due to medical reasons (such as staying near a hospital) may be considered.
• Luxury Items: High-end maternity clothing, expensive personal care products, or non-essential purchases are typically not reimbursable unless medically necessary.
• Future Job Loss or Missed Opportunities: Reimbursement for lost job opportunities or promotions due to surrogacy is not allowed.

8. Best Practices for Complying with Canadian Law

To ensure that all reimbursements are legal and compliant with the Assisted Human Reproduction Act (AHRA):

• Document Everything: Surrogates should keep receipts, medical notes, and any other relevant documentation to support their reimbursement claims.
• Be Transparent: Intended parents and surrogates should agree in advance on the types of expenses that will be reimbursed, and this agreement should be included in the surrogacy contract.
• Seek Legal Advice: Both surrogates and intended parents should consult with a legal expert specializing in Canadian surrogacy law to ensure they understand their rights and responsibilities.

Conclusion

Maximizing surrogacy benefits in Canada requires a clear understanding of what can and cannot be reimbursed under Canadian law. By carefully documenting expenses and adhering to legal guidelines, surrogates can receive the financial support they need during the pregnancy, while intended parents can rest assured that they are following the rules. Transparency, communication, and legal compliance are key to a smooth and positive surrogacy journey.

For more information or to discuss your surrogacy journey, please visit Surrogacy4all. We are here to guide you through the process every step of the way!