ADOPTION & SURROGACY
FAMILIES DON’T COME STANDARD
Saskatchewan has very strict adoption regulations. If you are adopting a child from someone you know, called Independent Adoption you will need an adoption agreement. These agreements either set out the desire for both parties to enter into a closed or open adoption arrangement–in a closed adoption the birth parents completely release their parental rights to the adoptive parents; where in an open adoption the birth parents release some or all of their decision making rights, but wish to maintain contact with the child. Closed adoption agreements are fairly straight forward, but you will need an adoption agreement to demonstrate intent of the parties. Open adoption agreements are more involved, so you will want to mediate a parenting agreement with the birth parents that clearly defines rights and responsibilities.
The Assisted Human Reproduction Act provides very strict rules surrounding surrogacy. Reimbursing a surrogate for her expenditures during gestation has became a controlled act and now requires a licence and non compliance can result in a fine of up to $500,000 and up to 10 years in jail. What you cannot do includes:
- Pay, offer to pay, or advertise payment, to a surrogate mother.
- Accept payment for arranging for the services of a surrogate, offer to make such an arrangement for payment, or advertise the arranging of such services.
- Counsel, induce, or perform any medical procedures to assist a woman to become a surrogate if she is under 21.
- Reimburse a surrogate for an expenditure incurred by her in relation to her surrogacy, except in accordance with regulations and a licence, and where a receipt is provided.
- Reimburse a surrogate for loss of work-related income incurred during her pregnancy, unless a qualified medical practitioner certifies, in writing, that continuing to work may pose a risk to her health or that of the embryo/fetus; and the reimbursement is made in accordance with the regulations and a licence, with a receipt is provided.
Surrogacy Agreements are important to demonstrate the intent of both parties should the situation change.
#MEDIATE DON'T LITIGATE
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