The case for legalizing payment for Canadian surrogates

This topic has been a long time coming, and I've touched on it in previous posts: how payment for surrogacy in Canada remains illegal. This has been the case since the introduction of the Assisted Human Reproduction Act in 2004, criminalizing payment for surrogacy, and egg and sperm donation. Many health advocates, individuals working for agencies and surrogates themselves believe these rules are antiquated and need to be struck down. And that's something Canada has been working towards, slowly but surely. Montreal-area Liberal MP Anthony Housefather is behind "An Act to amend the Assisted Human Reproduction Act" which would eliminate the ban on paying for reproductive help in these forms. This private member's bill was introduced on May 29, 2018, but we've heard little about it since then. 

Meantime, the Trudeau government also announced the launch of consultations on proposed new regulations that aim to protect intended parents who need the assistance of a surrogate mother, or an egg or sperm donor. When this news broke in October 2018, it caught some surrogates and agencies a little off-guard. The regulations tighten up what those directly contributing to third party reproduction could be reimbursed for, and while this was likely long overdue as well - because these have always been "grey areas" that needed to be cleared up - it also left some wondering which way the Liberals were headed on the matter in general. Public consultations on the new regulations closed on January 10, 2019 and again, there's been little said since that date. 

With a federal election coming up six months from today and a strong possibility that there could be a change in government, it's likely that Housefather's private member's bill and the new regulations around reimbursement will never see the light of day. As a self-admitted socially progressive voter, I am completely behind decriminalizing (and ultimately legalizing) payment for surrogacy. But I also fully understand why intended parents and others involved may feel the opposite way. Let's look at the pros first:

1. In an interview with Global News on November 28, 2018, surrogate mother Carmen Fuller says most individuals providing third party reproduction services see a profit. “The doctor, the lawyers, the nurses, everything going through the whole fertility process, up until you have the baby, everyone else is getting paid for their job except for the surrogate mother,” she told Global. It hardly seems fair to leave the person who is doing the toughest job - or providing the most essential biological material in the process - to be left out of the equation.
   
2. Offering payment to surrogates and donors could tip the scales for those who are on the fence about doing so. For example, in the case of a surrogate who desperately wants to help a couple or single parent but are concerned that the reimbursements may not be enough or come on time, this could be an incentive to move ahead with the process. For egg donors who wish to remain anonymous and have no emotional connection to the process, this could help them pay off university or college, or other bills. As it is, the ratio of intended parents to surrogates and donors is completely unbalanced. Decriminalizing payment could help with that, and as a result, provide a larger pool of surrogates and donors to intended parents.
   
3. It gives women (and male sperm donors) greater control over their bodies. This is a part of a much larger argument of choice - and brings up abortion as well as sex work. I don't want to stir up too much controversy here, but if a woman has the right to have an abortion, why shouldn't she have the right to carry someone else's child? Why shouldn't she have the right to provide her eggs to a couple or single parent who could benefit from them?
   
4. The decriminalization of payment would (hopefully) result in stronger, more up-to-date legislation that would be more in-tune with the issues and needs of intended parents at the current time. It could protect surrogates and donors from those who treat them as simply a "vessel" to produce their child or the cells required to grow that child. At the same time, it could provide assurance for intended parents that they won't be taken for a ride with their money. All parties involved would have greater protection throughout the process.
   
5. Coming back to number 1: surrogacy is hard work. Taking fertility drugs is never easy. Combine that with not getting to keep the child after all is said and done, and plain and simple - surrogacy is a job. As someone who worked as an intern at a sports radio station for quite a long time and only received payments in the form of Timbits and coffee, I can tell you I would have appreciated compensation for the time I spent going into major league baseball teams' clubhouses and being told to get out because I was too young to be there, or having players purposely drop their towels in front of me. Being a surrogate must be a million times more challenging. Literally, they're the ones having to "drop the towel" - and they're not making mega-millions to do it either. 

But there are two sides to every story. As promised, here are the cons - the reasons why surrogacy may be better kept as an altruistic service in Canada:

1. At the current time, surrogacy remains an affordable option for intended parents looking to expand their families. In fact, for some it can be less costly than adoption. For those who match with a surrogate within their own province, travel costs are much lower and depending on other circumstances, the entire journey can go as low as $30,000. Decriminalizing payment for surrogates and donors would make the process too expensive for many looking to achieve their dream of becoming parents. Even with the way things are at the current time, some intended parents are "priced out" and their only hope is to keep trying to have a child the natural way.
   
2. Altruistic third party reproduction is a beautiful thing. Intended parents know surrogates and egg donors are doing it for the right reasons - because they truly want to help and want to bring the joy of parenthood to those who can't achieve it themselves. When money comes into the picture, some may choose to do it simply because they need the cash. While I said above that this could tip the scales for those who are on the fence, there's also the potential that inexperienced women who haven't ever been pregnant themselves and are in desperate need of cash may go blindly into the process and not realize the emotional or physical implications of everything until it's too late. 

What does this all point to? If Anthony Housefather's bill should become law, protections will need to be put in place for all parties involved. Whether you're an intended parent, a surrogate or a donor and regardless of your political affiliation, it's important to make your thoughts heard. Write your local MP, speak to your fertility clinic and make your concerns known. The more we talk openly about third party reproduction, the more politicians and lawmakers will be forced to listen. 

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If you're in the Toronto area, I'll be speaking about these issues at a Liberal Policy Meetup for the federal riding of St. Paul's on Thursday May 9 at 7:30 p.m. Voters from across the political spectrum (Conservative/NDP/Green/etc.) are welcome to join in and share your thoughts and concerns! You can find us at Wallace Gastropub at 1954 Yonge St. in Toronto, one block north of the TTC's Davisville Station.