Oireachtas Joint and Select Committees

Thursday, 9 June 2022

Joint Oireachtas Committee on International Surrogacy

Surrogacy in Ireland and in Irish and International Law: Discussion (Resumed)

Ms Cindy Wasser:

I am happy to address the issue. When I first went to law school, on my first day there, my intention was to become a wealthy international lawyer. I was invited by the International Monetary Fund, IMF, and the World Bank to act as counsel for those organisations when I graduated because of previous work I had done. I was smitten, however, by the concept of civil law and criminal law. My parents, as Jews, were about sugar farming. I was going to defend the underdog and do countless hourspro bonoto make Canada a better place and to help those who were not privileged and who did not ask to be in court.

I became a criminal defence lawyer and a very well-known one, with more than 1,000 hours pro bonocontributed each year to my practice. I was the founding director of the Association of Defence of the Wrongly Convicted. I did work in Ireland with the Government in respect of wrongful convictions hearings, guns amnesties and with other issues in the Republic. When I became a fertility services lawyer as a result of my experience, one of the things that everyone who knew me, including the judges and prosecutors in Canada, asked was what would happen with my work. I never thought that those skills and that desire to change the law and make Canada better would apply. This was a personal journey for me to make my children's lives more normal and to make everyone accept them. It has turned out, however, that there have been countless opportunities in the 13 years I have been practising to continue working pro bonoand to help Canada become better. This is an opportunity to help another country by sharing Canada’s experience and reputation.

I charge $3,700 plus tax for a Canadian surrogacy services agreement and $4,000 to international people, where no tax is included. Whenever I know a client has financial issues, however, then I am entitled to decide my own fee, which might be nothing. I have certainly done that on numerous occasions, as well as in my major national work and research. I am about to write a book on Canadian fertility law, which I do not think will pay me more than the cost of the coffee I will need to drink while I am writing it. I have spoken with Mr. Vaughn at countless seminars for organisations that provide discounted fees to those who have legitimate financial needs. I have had clients who have suffered the most horrendous tragedies with late term losses and who then went back at it to have a baby. I have said there was no charge for them. I have always had a policy that if people come back to my firm for the third baby, then they need the money more than me and I do not charge for that type of case. I have not had too many takers, but the possibility is there. That is what I charge.

Regarding the whole process in Canada, generally we would say that if there is also a need for an egg donor, then people will be looking at about $150,000. Without the need for an egg donor, it might be $120,000, but that includes the costs of the clinic. Frequently, those clinics also waive costs. They also have free drugs from many drug companies that they will give to those disadvantaged financially. This includes agency costs as well, which are, on average, generally about C$20,000. Those fees are often waived for those in need as well, as are those of my colleagues.

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