Could a Canadian family abandon their baby carried by surrogate mom?
TORONTO – Baby Gammy and his surrogate mom are garnering worldwide attention: an Australian couple allegedly abandoned the months-old baby with Down syndrome and a congenital heart condition, separating him from his healthy twin sister who they took back to Australia.
Now, Gammy’s in the care of his 21-year-old surrogate mom in Thailand.
“That could happen pretty much anywhere,” according to Sara Cohen, a fertility lawyer with Toronto’s Fertility Law Canada.
“It’s a tragedy but it isn’t a widespread phenomenon – at least not in Canada,” Cohen told Global News.
Surrogacy involves a woman carrying an implanted embryo in order to give birth. It’s also expensive. There are medical fees, lawyer fees and other expenses you’re on the hook for when you look after a surrogate mom, fertility lawyer Sherry Levitan said.
Paying a woman to carry your child is illegal in Canada, but it is legal if rather than paying her directly, you cover any expenses related to the pregnancy: maternity clothes, multivitamins, health care services, child care, and time off work. Even small details are looked after – if the surrogate needs to drive across town to get to the doctor’s office, her gas mileage is covered too, for example.
“The only reason people go abroad is to save money,” Levitan said.
“It takes a lot of time and effort and there are protocols in place in Canada. If people want to short circuit the system, they’ll go abroad,” she explained.
In Pattaramon Chanbua’s case, reports say she was paid 300,000 Thai baht or $9,300. The entire process could cost couples at least $60,000 if they’re in Canada, Levitan said in comparison.
In the meantime, the 21-year-old food vendor says she didn’t receive the full payment she was promised. She told the Associated Press that she would be happy to have the boy’s healthy sibling returned to her.
“I want her back because she is my baby. She was in my womb,” Chanbua said.
“If she is happy, then I, as a mother, am also happy. I don’t want to bring her back to suffer or anything. A mother would never want her child in trouble,” she said.
Surrogacy involves placing some trust on both ends of the relationship, the experts say.
“I deal with the intended parents all the time and they’re always worried about the surrogate keeping the baby. Statistically, the worry is the other way around – she should worry,” Levitan said.
Under most provincial laws, the surrogate is presumed to be the child’s mother until the intended parents take custody of the baby. It’s a process they must initiate.
In Ontario, and depending on the case, the court can determine that a child was born through surrogacy, isn’t genetically related to the surrogate parent and has intended parents.
“The surrogate has to trust that no one is going to abandon her and they’ll take care of her. And the intended parents have to trust that she won’t want to keep the baby and will be making good choices all day, every day,” Cohen explained.
But the experts, both with decades of experience in their field, say that intended parents walking out on their child and surrogate mom is an anomaly.
“Ninety-nine per cent of the cases are happy,” Levitan said.
– With files from the Associated Press
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