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Surrogacy in Canada

Surrogacy in Canada

Critical Perspectives in Law and Policy

Edited by Vanessa Gruben, Alana Cattapan and Angela Cameron


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.


Foreword by Glenn Rivard

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

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

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

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

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

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

Surrogacy in Canada: Toward Permissive Regulation
         Erin Nelson

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

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

Afterword: Legitimizing Surrogacy — A Social Setback
         Maria De Koninck

Table of Cases


Published 30 November 2018
Publisher Irwin Law (Canada)
ISBN 9781552214886
Australian RRP $89.95
International Price $85.00
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Law - Canadian Law
Law - Health Law

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