Oireachtas Joint and Select Committees

Thursday, 2 June 2022

Joint Oireachtas Committee on International Surrogacy

Prevention of the Exploitation or Coercion of Surrogates and Intending Parents: Discussion

Ms Sara Cohen:

If I had to criticise Canadian surrogacy on where our legislation could improve, that area is exactly where it could improve. We have some wonderful intermediaries. There are many good aspects to surrogacy in Canada. Do I believe the law should put protections in place? Yes, but it should also make it easier. It is a little bit confusing the way our law is written vis-à-visthose intermediaries and the way we as a federation works. These must be regulated at a provincial level. I would like it to be regulated not exactly the same way as an adoption agency, but in the same way as we have licensing and regulation requirements for such an agency. It would be very helpful to have the same for a surrogacy agency. We do not have that. The only jurisdiction I can think of in North America that has that is New York state, but that is a little bit outside my wheelhouse. Currently, these are businesses like any other business. Most of them are run by former surrogates. Many of those former surrogates are counsellors, social workers, etc., and that is how it works. That is a recommendation I would make if the drafting of the legislation were up to me.

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