A New Brunswick couple that’s hoping to become parents through surrogacy says there’s an added financial barrier in the province that other Canadians don’t necessarily face.
Martin Rioux and his husband have dreamt of parenthood for years. After many ups and downs, the Memramcook, N.B., couple decided to have embryos created with donated eggs.
“We knew we were ready for a child. We gave ourselves maybe a horizon of, like, three to four years,” Rioux said.
After struggling to find an egg donor, and also potential surrogates, Rioux’s sister-in-law offered to carry a baby through in-vitro fertilization (IVF).
Federal laws prohibit paying a surrogate for anything other than expenses incurred because of the pregnancy.
Still, the costs of IVF and other expenses have added up quickly — with Rioux estimating the tally at over $60,000.
The costs don’t end there.
He was taken aback when he learned the hospital would automatically put the surrogate as the parent of his future child on their birth certificate.
“And then we need to apply to the court to show that our situation is an exception. That process costs $5,500,” he said.
“You know, we’re going to make it happen. But $5,500 is a lot of diapers and baby formula when you could just change the law.”
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In a statement, the province confirmed the person who carried the child is named as the mother on the original registration of birth form, similar to adoptions.
“There is no difference for a hetero or homosexual couple in the process of surrogacy. All couples must apply to the Court of King’s Bench for a declaratory order via The Family Services Act to have either one or both of parties recognized as a parent on a New Brunswick birth certificate for a child born via a surrogate,” wrote spokesperson, Bruce MacFarlane.
The statement goes on to say that the fee to amend the birth registration is $35 and the fee for a certificate is $45. However, “there may also be lawyer fees associated with preparing the documents and attending court to seek the custody order.”
Rioux and advocates say that court process and legal fees would indeed amount to over $5,000.
Fertility lawyer Sara Cohen tells Global News the processes for putting the intended parents on a birth certificate can be easier, and less expensive, in other provinces.
She points to Ontario as an example, where intended parents can have the option of registering the baby in their own name “if they had followed all the laws properly prior to the embryo transfer.”
While she says she “(doesn’t) want to take away from the time and expertise” of lawyers, she believes steps can be taken through legislation that outline the concept of who a parent is and who intends to be a parent prior to an embryo transfer.
“New Brunswick is lagging because there actually is no legislation around surrogacy or children who are conceived through the use of third-party reproduction,” Cohen said.
“Every other province at this point has legislation that deals with the concept of, and the reality of, children born through third-party reproduction.”
Fertility Matters Canada, a Canadian charity that advocates for equitable access to fertility and family building, says cost is the number one barrier couples face when considering third-party reproduction.
Carolynn Dubé, the group’s executive director, is based in Moncton, N.B. She says the province’s legislation is “outdated and hasn’t been looked at in a very long time” when it comes to surrogacy.
“Family building… has changed significantly in this country and of course, globally,” she said.
“(So New Brunswick needs to have a) look at our current legislation, understanding what other provinces are doing and updating it so that intended parents and those who need to use surrogates in order to build their family, are recognized within that legislation.”
For Rioux and his husband, the road to parenthood has been long. They’ve attempted embryo transfers, as well as had miscarriages and health scares with surrogates who have helped them.
They would like to see additional financial barriers removed for potential parents like them in New Brunswick, so that the process isn’t cost prohibitive.
“If (IVF) continues to fail and if it takes another six years, yeah, money’s going to be an issue,” he said.
“But it’s also going to be, well are we still at an age where we we want children? Hopefully that doesn’t happen.”
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