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Surrogacy in Canada

Critical Perspectives in Law and Policy

Overview

This book brings together a range of critical perspectives on the governance of surrogacy in Canada. The chapters offer insight into how to address the challenges of regulating surrogacy (in Canada and elsewhere), and how to (re)think the governance of surrogacy in ways that address the health, well-being, and autonomy of surrogates. It also provides long-awaited empirical data about how surrogacy in Canada is occurring. In a critical period when long-awaited regulations on reimbursement are being developed and proposals for major reforms of the existing regulatory framework are being made, this book identifies important concerns about the experience of surrogacy in Canada, and makes recommendations for change. In particular, the chapters address: the ongoing struggle to address women’s autonomy in the context of surrogacy; the lack of empirical research on surrogacy and the importance of this type of research in developing effective and responsive law and policy in Canada; complex governance questions that arise under the Assisted Human Reproduction Act and the ongoing debate about whether the Act should be reformed; and issues of internationalization, including the practice of transnational surrogacy, whether it be Canadians seeking surrogates abroad or foreign intended parents seeking surrogates in Canada.

Reviews

"This book is well organized and includes a thorough index. Contributors, largely Canadian academics, back up their arguments and analysis with references to legislation, regulations, Royal Commission findings and reports, media articles, and case studies, all serving to situate the reader at the heart of the issues presented. Extensive footnotes and a table of cases reflect this strong foundation in legal and related sources.

A fascinating read, this book is a welcome addition to existing literature appearing on this topic and will introduce many to the Canadian context. Canada’s proximity to the United States, a factor in the increasing internationalization and interest in Canada as a surrogate-seeking destination, makes this book of interest for legal scholars and practitioners beyond Canada’s borders. Insightful examination of complex questions will ensure this book’s value in relevant courses and research collections."

— Margo Jeske, Special Projects Librarian, Brian Dickson Law Library, University of Ottawa. Law Library Journal, Vol. 111:3 (2019), 445.

Table of Contents

Foreword by Glenn Rivard
Acknowledgements

Introduction: Regulatory Pasts and Futures
by Alana Cattapan, Vanessa Gruben, & Angela Cameron

Whose Child Is This? “Surrogacy,” Authority, and Responsibility
by Christine Overall

“Why We Don’t Know What We Don’t Know” About Canada’s Surrogacy Practices and Outcomes
by Pamela M White

Navigating in Murky Waters: Legal Issues Arising from a Lack of Surrogacy Regulation in Quebec
by Kévin Lavoie & Isabel Côté

Reimbursement of Expenditures and Possible Sub delegation of the Assisted Human Reproduction Regulations
by Mark C McLeod

Should Canada Implement a Flat-Rate Reimbursement Model for Surrogacy Arrangements? Legal and Ethical Recommendations for a Revised Approach to Reimbursement
by Angel Petropanagos, Vanessa Gruben, & Angela Cameron

Surrogacy in Canada: Toward Permissive Regulation
by Erin Nelson

Desperately Seeking Surrogates: Thoughts on Canada’s Emergence as an International Surrogacy Destination
by Karen Busby & Pamela M White

Self-Sufficiency for Surrogacy and Responsibility for Global Structural Injustice
by Katy Fulfer

Afterword: Legitimizing Surrogacy — A Social Setback
by Maria De Koninck

Contributors
Table of Cases
Index

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