Ms Ellen Embury:

It is not a legal requirement in Canada that a surrogate have had previous children. I would characterise it as best practice. It is something the agencies typically request from surrogates signing up with them. Ultimately, it is the clinician who makes the decision on whether a woman is able to carry, together with the psychosocial evaluations. I certainly have been involved in surrogacies where, for example, family members are carrying for each other or close friends are carrying for intended parents and the woman has not had children before. It is not a legal requirement. It is a practice that is typically directed by physicians who are in the best position to decide whether a woman is in a position to be a surrogate on that basis.