Sorting Out Surrogacy: Three Considerations for Evidence-Informed Law Reform

Authors

Vanessa Gruben
Alana Cattapan

First Page

15

Document Type

Article

Abstract

This article draws on novel survey research with surrogates in Canada—the Exploring Surrogates Experiences and Insights Survey—to examine three critical issues for potential law reform: (1) reimbursement and compensation (i.e., payment); (2) the work of surrogacy agencies; and (3) surrogacy arrangements involving foreign intended parents. Following a brief history of the regulation of surrogacy in Canada and a description of the survey’s methods, it explores each of these areas in turn, using the survey results to identify considerations for law reform. It argues that while the current legislative and regulatory framework largely addresses key issues related to commercialization and commodification, it does not adequately consider other crucial areas of concern, namely the influence of surrogacy agencies and the rise of transnational surrogacy, necessitating more comprehensive federal regulation.

Recommended Citation

Vanessa Gruben and Alana Cattapan, "Sorting Out Surrogacy: Three Considerations for Evidence-Informed Law Reform" (2025) 36:2 Can J Fam L 15.