Surrogacy in Alberta: A Guide for Intended Parents

As family planning options expand, surrogacy has become an increasingly accessible choice for many couples in Alberta. This blog outlines the essential steps, legal requirements, and considerations for intended parents, helping them navigate the complex surrogacy process in Alberta.

1. Understanding the Surrogacy Pathway in Alberta

Surrogacy is a legal arrangement where a surrogate, also known as a gestational carrier, agrees to carry and deliver a child for the intended parents. There are two main types of surrogacy: traditional surrogacy, where the surrogate’s egg is used, and gestational surrogacy, where the intended parent’s egg or a donor egg is used. In Alberta, only gestational surrogacy is commonly practiced due to its clearer legal distinctions regarding parentage.

2. The Role of a Lawyer and Surrogacy Agreements

Canadian and Alberta laws both play a significant role in surrogacy agreements. Lawyers are essential for drafting and reviewing the agreement, ensuring it aligns with the Assisted Human Reproduction Act (AHRA). This agreement outlines the terms, responsibilities, and expectations of both the intended parents and the surrogate. Since the AHRA prohibits commercial surrogacy, it’s vital that all parties follow the law’s restrictions, which only allow for the reimbursement of approved expenses directly related to the pregnancy.

A surrogacy agreement often includes:

• Roles and responsibilities: Defining expectations around medical appointments, lifestyle choices, and communication during the pregnancy.

• Financial terms: Detailing allowable reimbursements for pregnancy-related expenses, such as medical care, maternity clothing, or travel.

• Legal parentage: Addressing the intended parents' legal rights to the child after birth, including the process to finalize the legal transfer of parentage.

3. Legal Parentage and Court Declarations

Alberta requires that intended parents obtain a Declaration of Parentage to legally establish their rights over the child. After the birth, intended parents will need to petition the court, often with assistance from their lawyer, to complete this declaration. This document is crucial for transferring all parental rights to the intended parents and ensures a smooth legal transition. Courts review the surrogacy agreement and verify that all conditions were met, particularly the compliance with non-commercial surrogacy guidelines.

4. Selecting a Surrogate and Fertility Clinics

Choosing a surrogate is a sensitive process, often handled through matching agencies or fertility clinics that specialize in assisted reproductive technologies. It’s recommended that intended parents select a surrogate with whom they can establish a trusting relationship, as open communication plays a crucial role in ensuring mutual comfort and understanding throughout the pregnancy. Reputable clinics and agencies can provide additional guidance in matching intended parents with surrogates who align with their values and expectations.

5. Key Considerations and Challenges

There are multiple considerations and challenges that come with surrogacy, including:

• Emotional complexity: Surrogacy is a unique journey, and emotional support for all parties can help manage the intense emotions that often accompany this process.

• Costs: While commercial surrogacy is prohibited, the costs associated with the surrogacy process, including legal fees, medical expenses, and reimbursements for the surrogate, can add up.

• Privacy and disclosure: It’s important for intended parents to discuss how they plan to share their child’s surrogacy story within the family and, potentially, with the child in the future.

6. Next Steps: Finalizing the Process

Once the child is born, the intended parents can complete the final steps of the legal process, including registering the birth in Alberta. With the proper documentation, intended parents can apply to have their names listed on the birth certificate and finalize all legal aspects to ensure a smooth start to family life with their new child.

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Conclusion

Surrogacy offers a promising path to parenthood for couples in Alberta, but it requires a clear understanding of the legal landscape, an experienced legal team, and a commitment to building a supportive relationship with the surrogate. By staying informed and seeking legal guidance, intended parents can navigate the journey of surrogacy with confidence and clarity.

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