Quebec, soon a fertile land
for surrogate mothers?
The Quebec government is preparing to legislate on the use of surrogate mothers. This "industry" – according to the Conseil du statut de la femme – could thus grow in the coming years. Will Quebec become a destination of choice for surrogacy, like the rest of Canada?
Picking up your baby in CanadaCanada is now a popular destination for intended parents who wish to use a surrogate.
"After six weeks in this wonderful country of Canada and a tearful farewell to our incredible surrogate and friend, it's time to go home to Lisbon with a new member of our family, the best of hand luggage. Canada, your sense of democracy and equality makes you shine. Thank you for making our dream come true. »
It is with these words on Twitter – photo in support – that journalist Mark Lowen (correspondent in Europe for the BBC) and his spouse announced their return to Portugal with their new baby, born in Canada to a Canadian surrogate mother.
Why did they choose Canada? "Because we like the idea that a woman wants to do this out of altruism rather than for financial gain," Lowen told La Presse.
Mark Lowen, son conjoint et leur bébé
Combien sont-ils à faire le voyage au Canada pour venir y chercher le bébé conçu par une mère porteuse d’ici ? Combien de Canadiens ont eux-mêmes recours à une mère porteuse ? Impossible de le savoir, indique la Société canadienne de fertilité et d’andrologie.
Alana Cattapan, professeure adjointe à la Chaire canadienne de recherche sur la politique de la reproduction et chercheuse dans le domaine depuis une quinzaine d’années, a réussi à retrouver 180 Canadiennes ayant déjà été mères porteuses (dont 15 Québécoises) ; 40 % des femmes porteuses interrogées ont agi pour des parents d’intention de l’étranger, surtout de la France.
Il existe une dizaine d’agences au Canada qui mettent en relation les femmes porteuses et les parents d’intention, selon Mme Cattapan. Elles leur offrent ensuite une panoplie de services payants : recherche de gamètes (spermatozoïdes et ovules) et de cliniques de procréation assistée, références juridiques, gestion des remboursements des dépenses de la femme porteuse par les parents d’intention, etc.
Sébastien Trotignon est l’un de ces Français venus au Canada pour y trouver une femme porteuse. À trois ans d’écart, elle a porté les deux enfants de son conjoint et lui (à partir d’ovocytes provenant d’autres femmes), explique-t-il en entrevue téléphonique.
Sébastien Trotignon et son conjoint ont créé le site monbébéaucanada.com.
Désireux de faire part de leur expérience, ils ont créé le site monbébéaucanada.com. Ils y précisent qu’il faut prévoir en moyenne « entre 80 000 et 100 000 euros [entre 117 000 $ et 146 000 $] » pour une gestation pour autrui au Canada et donnent des noms d’agences.
« C’est une sacrée somme, mais c’est quand même plus d’un tiers de moins qu’aux États-Unis », peut-on lire sur le site monbébéaucanada.com.
« Grâce au Canada, nous avons pu réaliser ce rêve de fonder une famille », écrivent-ils sur leur site illustré entre autres d’un gamin vêtu d’un chandail rouge portant l’inscription « Canada ».
M. Trotignon et son conjoint déconseillent aux parents d’intention de passer par le Québec, « où tout contrat établi entre des parents d’intention et une mère porteuse est considéré comme nul », ce qui est exact tant que le projet de loi en préparation ne sera pas promulgué.
Un Québec moins attirant« Si vous désirez devenir une mère porteuse, appuyez sur le 1 », dit le message de l’agence Canadian Fertility Consulting.
En entrevue, sa fondatrice et présidente-directrice générale, Leia Swanberg, dit avoir elle-même
été une mère porteuse, tout comme ses deux filles adultes.
Since the agency's inception 17 years ago, Swanberg calculates she has contributed to the birth of 2700 babies. Currently, her surrogacy roster, she says, has 350 names, who are at different stages of their journey.
She says she makes between $10,000 and $15,000 per pregnancy record.
Its income comes from the fact that two weeks after the initial contact between the parties (free of charge,says Ms. Swanberg), they are then invited to use the various paid services of the agency.
Her clientele of intended parents is 5% Quebecers, she says, but she has no Quebec surrogate mother on her file. This is because of "this stigma and belief in Quebec that it is illegal."
In Canada, the Assisted Human Reproduction Act prohibits any payment to a surrogate mother. Only reimbursement of expenses is authorized. "Intermediaries" – called "agencies" or "consulting firms" – cannot advertise or obtain remuneration
for connecting surrogate mothers with intended parents.
Smoke and mirrors, accordingto Dominique Goubau, associate professor of law at Laval University,
a specialist in the law of persons, family and children.
Some researchers will argue that surrogacy contracts are essentially agreements between bona fide people and purely altruistic surrogates. I think that's a myth. Of course there are, but it is not the majority.
Dominique Goubau, Associate Professor of Law at Université Laval, specialist in the law of persons, family and children
In the practice of law, he continues, it is known that surrogate mothers are very regularly paid, whether by an unwritten agreement parallel to the legal convention or by surfing on "the very ineffective federal law" authorizing the reimbursement of unspecified expenses.
In her opinion, research on gestation paints a biased picture, because researchers can only reach those who have respected the law. The others "don't talk to the researchers," he says.
In the study "Pregnancies for others: state of the situation in Quebec", the Conseil du statut de la femme speaks of an "assisted reproduction gestation industry".
"The situation is such that this Canadian industry is the subject of economic forecasts (Global Market Insights, 2022)."
No doubt about it, corroborates researcher Alana Cattapan.
In Canada, it is a multi-million dollar industry. In the United States, Global Market Insights put it at US$14 billion in 2022 and projected a compound annual growth rate of 24.5% between 2023 and 2032.
The law that Quebec is about to enact will recognize agreements between surrogate women and intended parents. Ms. Cattapan believes that it is foreseeable that the French – the most numerous among the foreign intended parents in her study – will opt more for Quebec.
Just as it is likely that Quebecers, who currently consider it more prudent to carry out their surrogacy in another province (like Radio-Canada journalist Gérald Fillion, who recounted his journey on Penelope), are now reassured by the best legislative framework.
If Canada is a destination of choice, according to law researchers Karen Busby and Pamela White who published a study on this subject in 2018, it is because several countries (India, Thailand, Nepal, etc.) have closed their borders to foreign countries, filiation is quickly established in some provinces, Canadian citizenship is granted to children born to a surrogate mother of Canada and
the Canadian dollar is low by against other currencies.
Agencies to superviseTo the more than 180 surrogates who agreed to speak to her – and who generally report having a positive experience – Cattapan asked what they thought was important to say. Some said that "their agency was terrible", "that they felt pressure to sign the agreement". But others strongly recommended the use of agencies, which they found very useful.
Several surrogate women also said they were encouraged by their agency to submit as many bills as possible. Ms. Cattapan talks about buying humidifiers, yoga classes, spa visits, etc.
In "Pregnancies for Others: State of the Situation in Quebec," the Conseil du statut de la femme cites the 2020 doctoral thesis of Stefanie Carsley, who interviewed 26 Canadian lawyers. According to one, the agencies "operate in a strange [...] artificial zone [...] where they say: "We are not paid to organize pregnancies for others because we are not allowed to do so, but we will be paid for all these other peripheral services that we will provide". But everyone knows that the only reason people turn to an agency is to organize their pregnancy plans for others."
Frenchman Sebastien Trotignon, who had done his homework and read the legislation, said in a telephone interview that he was very aware of this gray area. "The wording in the contracts, it's such that it suits the agencies."
But the priority for him, he says, has always been that the gesture of the surrogate woman is purely altruistic and that in no way she is exploited. And in this sense, he finds it normal that a large number of expenses are reimbursed to surrogate mothers, at the height of the great gift they make, he says.
Better protection for surrogates and childrenIf Bill 12 is passed, the surrogate mother's consent to renounce any filiation with the child can only be given between the 7th and 30th day following delivery.
Quebec's Bill 12 – studied in parliamentary committee these days – aims to better protect the rights of surrogate mothers and children born of a pregnancy project for others. But the task is Herculean and should only be seen as "an attempt to frame complex issues".
This is explainedby Dominique Goubau, associate professor of law at Université Laval, a specialist in the law of persons, family and children.
The good news, he says, is that the surrogacy contract will have to be made in writing (and, incidentally, before a notary). "This is a good thing, then there will be no dispute about the reality of the intentions."
The bill covers very broadly. It proposes that surrogate mothers be 21 years of age or older. That the surrogate mother's consent to renounce any filiation with the child may only be given between the7th and 30thday following delivery. That if the gametes of a third party have been used, neither the donor nor the child can subsequently claim a parent-child relationship.
What is planned when the surrogate mother is abroad? The bill provides that "the parental project must first be authorized by the Minister responsible for social services".
What if a person born from a gamete needs to know the donor's health history for genetic reasons? Once a physician is of the opinion that the patient's health warrants it, he or she may obtain the medical information, but only if authorized by the donor.
The surrogate would be entitled to a maximum of 18 weeks of benefits after birth; A father in surrogacy would be entitled to 5 weeks of paternity benefits and 32 weeks of shareable parental benefits.
Isabel Côté, Canada Research Chair in Procreation and Family Ties, thinks it is excellent that Quebec regulates surrogacy and that filiation is established in the best interests of the child. This is much preferable to what is currently the case, she says, which is "courts that assess situations on a case-by-case basis."
Ms. Côté regrets, however, that the Quebec bill does not contain any guidelines against intermediaries such as agencies.
Alana Cattapan, a professor at the Canadian Research Chair in Reproductive Policy, welcomes this bill. However, she hopes for closer oversight of the agencies and wonders to what extent Bill 12 could be implemented.
Any surrogacy project conducted abroad by Quebecers must have received prior approval from the Minister of Social Services, as Quebec wants to ensure that the project is carried out according to ethical principles. But since surrogate mothers can be found in several countries, how will Quebec be able to monitor everything? Asks. "Studying surrogacy practices in different jurisdictions – practices that change a lot over time – is a full-time job," saysCattapan.
Picking up your baby in CanadaCanada is now a popular destination for intended parents who wish to use a surrogate.
"After six weeks in this wonderful country of Canada and a tearful farewell to our incredible surrogate and friend, it's time to go home to Lisbon with a new member of our family, the best of hand luggage. Canada, your sense of democracy and equality makes you shine. Thank you for making our dream come true. »
It is with these words on Twitter – photo in support – that journalist Mark Lowen (correspondent in Europe for the BBC) and his spouse announced their return to Portugal with their new baby, born in Canada to a Canadian surrogate mother.
Why did they choose Canada? "Because we like the idea that a woman wants to do this out of altruism rather than for financial gain," Lowen told La Presse.
Mark Lowen, son conjoint et leur bébé
Combien sont-ils à faire le voyage au Canada pour venir y chercher le bébé conçu par une mère porteuse d’ici ? Combien de Canadiens ont eux-mêmes recours à une mère porteuse ? Impossible de le savoir, indique la Société canadienne de fertilité et d’andrologie.
Alana Cattapan, professeure adjointe à la Chaire canadienne de recherche sur la politique de la reproduction et chercheuse dans le domaine depuis une quinzaine d’années, a réussi à retrouver 180 Canadiennes ayant déjà été mères porteuses (dont 15 Québécoises) ; 40 % des femmes porteuses interrogées ont agi pour des parents d’intention de l’étranger, surtout de la France.
Il existe une dizaine d’agences au Canada qui mettent en relation les femmes porteuses et les parents d’intention, selon Mme Cattapan. Elles leur offrent ensuite une panoplie de services payants : recherche de gamètes (spermatozoïdes et ovules) et de cliniques de procréation assistée, références juridiques, gestion des remboursements des dépenses de la femme porteuse par les parents d’intention, etc.
Sébastien Trotignon est l’un de ces Français venus au Canada pour y trouver une femme porteuse. À trois ans d’écart, elle a porté les deux enfants de son conjoint et lui (à partir d’ovocytes provenant d’autres femmes), explique-t-il en entrevue téléphonique.
Sébastien Trotignon et son conjoint ont créé le site monbébéaucanada.com.
Désireux de faire part de leur expérience, ils ont créé le site monbébéaucanada.com. Ils y précisent qu’il faut prévoir en moyenne « entre 80 000 et 100 000 euros [entre 117 000 $ et 146 000 $] » pour une gestation pour autrui au Canada et donnent des noms d’agences.
« C’est une sacrée somme, mais c’est quand même plus d’un tiers de moins qu’aux États-Unis », peut-on lire sur le site monbébéaucanada.com.
« Grâce au Canada, nous avons pu réaliser ce rêve de fonder une famille », écrivent-ils sur leur site illustré entre autres d’un gamin vêtu d’un chandail rouge portant l’inscription « Canada ».
M. Trotignon et son conjoint déconseillent aux parents d’intention de passer par le Québec, « où tout contrat établi entre des parents d’intention et une mère porteuse est considéré comme nul », ce qui est exact tant que le projet de loi en préparation ne sera pas promulgué.
Un Québec moins attirant« Si vous désirez devenir une mère porteuse, appuyez sur le 1 », dit le message de l’agence Canadian Fertility Consulting.
En entrevue, sa fondatrice et présidente-directrice générale, Leia Swanberg, dit avoir elle-même
été une mère porteuse, tout comme ses deux filles adultes.
Since the agency's inception 17 years ago, Swanberg calculates she has contributed to the birth of 2700 babies. Currently, her surrogacy roster, she says, has 350 names, who are at different stages of their journey.
She says she makes between $10,000 and $15,000 per pregnancy record.
Its income comes from the fact that two weeks after the initial contact between the parties (free of charge,says Ms. Swanberg), they are then invited to use the various paid services of the agency.
Her clientele of intended parents is 5% Quebecers, she says, but she has no Quebec surrogate mother on her file. This is because of "this stigma and belief in Quebec that it is illegal."
In Canada, the Assisted Human Reproduction Act prohibits any payment to a surrogate mother. Only reimbursement of expenses is authorized. "Intermediaries" – called "agencies" or "consulting firms" – cannot advertise or obtain remuneration
for connecting surrogate mothers with intended parents.
Smoke and mirrors, accordingto Dominique Goubau, associate professor of law at Laval University,
a specialist in the law of persons, family and children.
Some researchers will argue that surrogacy contracts are essentially agreements between bona fide people and purely altruistic surrogates. I think that's a myth. Of course there are, but it is not the majority.
Dominique Goubau, Associate Professor of Law at Université Laval, specialist in the law of persons, family and children
In the practice of law, he continues, it is known that surrogate mothers are very regularly paid, whether by an unwritten agreement parallel to the legal convention or by surfing on "the very ineffective federal law" authorizing the reimbursement of unspecified expenses.
In her opinion, research on gestation paints a biased picture, because researchers can only reach those who have respected the law. The others "don't talk to the researchers," he says.
In the study "Pregnancies for others: state of the situation in Quebec", the Conseil du statut de la femme speaks of an "assisted reproduction gestation industry".
"The situation is such that this Canadian industry is the subject of economic forecasts (Global Market Insights, 2022)."
No doubt about it, corroborates researcher Alana Cattapan.
In Canada, it is a multi-million dollar industry. In the United States, Global Market Insights put it at US$14 billion in 2022 and projected a compound annual growth rate of 24.5% between 2023 and 2032.
The law that Quebec is about to enact will recognize agreements between surrogate women and intended parents. Ms. Cattapan believes that it is foreseeable that the French – the most numerous among the foreign intended parents in her study – will opt more for Quebec.
Just as it is likely that Quebecers, who currently consider it more prudent to carry out their surrogacy in another province (like Radio-Canada journalist Gérald Fillion, who recounted his journey on Penelope), are now reassured by the best legislative framework.
If Canada is a destination of choice, according to law researchers Karen Busby and Pamela White who published a study on this subject in 2018, it is because several countries (India, Thailand, Nepal, etc.) have closed their borders to foreign countries, filiation is quickly established in some provinces, Canadian citizenship is granted to children born to a surrogate mother of Canada and
the Canadian dollar is low by against other currencies.
Agencies to superviseTo the more than 180 surrogates who agreed to speak to her – and who generally report having a positive experience – Cattapan asked what they thought was important to say. Some said that "their agency was terrible", "that they felt pressure to sign the agreement". But others strongly recommended the use of agencies, which they found very useful.
Several surrogate women also said they were encouraged by their agency to submit as many bills as possible. Ms. Cattapan talks about buying humidifiers, yoga classes, spa visits, etc.
In "Pregnancies for Others: State of the Situation in Quebec," the Conseil du statut de la femme cites the 2020 doctoral thesis of Stefanie Carsley, who interviewed 26 Canadian lawyers. According to one, the agencies "operate in a strange [...] artificial zone [...] where they say: "We are not paid to organize pregnancies for others because we are not allowed to do so, but we will be paid for all these other peripheral services that we will provide". But everyone knows that the only reason people turn to an agency is to organize their pregnancy plans for others."
Frenchman Sebastien Trotignon, who had done his homework and read the legislation, said in a telephone interview that he was very aware of this gray area. "The wording in the contracts, it's such that it suits the agencies."
But the priority for him, he says, has always been that the gesture of the surrogate woman is purely altruistic and that in no way she is exploited. And in this sense, he finds it normal that a large number of expenses are reimbursed to surrogate mothers, at the height of the great gift they make, he says.
Better protection for surrogates and childrenIf Bill 12 is passed, the surrogate mother's consent to renounce any filiation with the child can only be given between the 7th and 30th day following delivery.
Quebec's Bill 12 – studied in parliamentary committee these days – aims to better protect the rights of surrogate mothers and children born of a pregnancy project for others. But the task is Herculean and should only be seen as "an attempt to frame complex issues".
This is explainedby Dominique Goubau, associate professor of law at Université Laval, a specialist in the law of persons, family and children.
The good news, he says, is that the surrogacy contract will have to be made in writing (and, incidentally, before a notary). "This is a good thing, then there will be no dispute about the reality of the intentions."
The bill covers very broadly. It proposes that surrogate mothers be 21 years of age or older. That the surrogate mother's consent to renounce any filiation with the child may only be given between the7th and 30thday following delivery. That if the gametes of a third party have been used, neither the donor nor the child can subsequently claim a parent-child relationship.
What is planned when the surrogate mother is abroad? The bill provides that "the parental project must first be authorized by the Minister responsible for social services".
What if a person born from a gamete needs to know the donor's health history for genetic reasons? Once a physician is of the opinion that the patient's health warrants it, he or she may obtain the medical information, but only if authorized by the donor.
The surrogate would be entitled to a maximum of 18 weeks of benefits after birth; A father in surrogacy would be entitled to 5 weeks of paternity benefits and 32 weeks of shareable parental benefits.
Isabel Côté, Canada Research Chair in Procreation and Family Ties, thinks it is excellent that Quebec regulates surrogacy and that filiation is established in the best interests of the child. This is much preferable to what is currently the case, she says, which is "courts that assess situations on a case-by-case basis."
Ms. Côté regrets, however, that the Quebec bill does not contain any guidelines against intermediaries such as agencies.
Alana Cattapan, a professor at the Canadian Research Chair in Reproductive Policy, welcomes this bill. However, she hopes for closer oversight of the agencies and wonders to what extent Bill 12 could be implemented.
Any surrogacy project conducted abroad by Quebecers must have received prior approval from the Minister of Social Services, as Quebec wants to ensure that the project is carried out according to ethical principles. But since surrogate mothers can be found in several countries, how will Quebec be able to monitor everything? Asks. "Studying surrogacy practices in different jurisdictions – practices that change a lot over time – is a full-time job," saysCattapan.
