‘You could just change the law’: The unexpected costs of surrogacy for one Canadian family – New Brunswick

A New Brunswick couple hoping to become parents through surrogacy is facing additional financial obstacles in the province that other Canadians may not encounter.

Martin Rioux and his husband have longed for parenthood for years. After various challenges, 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 potential surrogates, Rioux’s sister-in-law offered to carry a baby through in-vitro fertilization (IVF).

Federal laws restrict paying a surrogate for anything other than pregnancy-related expenses.

However, the costs of IVF and other expenses have quickly added up, with Rioux estimating the total at over $60,000.

The expenses don’t stop there.

Rioux was surprised to learn that the hospital would automatically list the surrogate as the parent of his future child on the 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 that the person who carried the child is named as the mother on the original birth registration 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 parties recognized as a parent on a New Brunswick birth certificate for a child born via a surrogate,” wrote spokesperson Bruce MacFarlane.

The statement also mentioned 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 argue that the court process and legal fees would indeed exceed $5,000.

Fertility lawyer Sara Cohen tells Global News that the processes for listing the intended parents on a birth certificate can be simpler and less costly in other provinces.

She cited Ontario as an example, where intended parents can register the baby in their own name “if they had followed all the laws properly before the embryo transfer.”

While she acknowledges the importance of lawyers’ time and expertise, she believes that legislative steps can be taken to define who a parent is and who intends to be a parent before 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 advocating for equitable access to fertility and family building, states that cost is the primary barrier couples face when considering third-party reproduction.

Carolynn Dubé, the organization’s executive director based in Moncton, N.B., mentioned that the province’s legislation is outdated and needs to be reviewed concerning surrogacy.

“Family building has significantly changed in this country and 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 to build their family are recognized within that legislation.”

For Rioux and his husband, the path to parenthood has been challenging. They’ve undergone embryo transfers, miscarriages, and health scares with surrogates who have assisted them.

They hope that additional financial barriers for potential parents like them in New Brunswick will be eliminated so that the process is not 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 want children? Hopefully that doesn’t happen.”

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