Ms Cindy Wasser:

I will try to be brief although I am not known for that. The process requires judicial scrutiny where there is a court order in the sense that the court will look at the evidence before it by way of affidavit to ensure the intention was there. With respect to those provinces that have changed their legislation to make it administrative, it says that there must be legal advice as well. It was easy to navigate in the sense that I was a criminal defence lawyer for 30 years. For me, although I knew nothing about baby-making in this brave new world, as my mother called it, I had help. I could read the legislation. I read my legislation and I was horrified because I thought it was pretty messy, mainly because the Department of Justice had very little to do with it.

My own experience of having a very challenging surrogacy journey, independently and without an agency, led me to change my career. I navigated because I had experience with the law but throughout my very challenging first journey, I thought about what people who were not Cindy Wasser would do. I had the respect of judges and prosecutors all over, to help me deal with my situation. After Etta was born in the hospital I changed career so I could help others to navigate this and to lobby our government to change the laws and make it easier. That is how we do it. Lawyers help clients to understand birth registration. I agree that this is generally simple so when Ontario was changing it several years ago I spoke to our legislative assembly and said it should be designed so that lawyers are not required. Many of my colleagues were upset with me but I speak for the people. This is a hard process to navigate and just because your body failed you or your sexual orientation made it impossible to procreate does not mean you should have to jump hurdles. Any legislation should make surrogacy accessible.

When we talk about the altruistic process in Canada, that is for the surrogate. Everyone is making money, for sure, except the surrogate and the donor. They have nothing. They get what they pay. If they have to fly across the country, they get reimbursed. They get a portion of groceries and they get legal fees but they do not make a profit. They want to do it here because it is a matter of the heart. I personally think they deserve the sun, moon and stars but I have to change the laws the right way and cannot break them, obviously.