A New Brunswick couple hoping to become parents through surrogacy say there’s an additional financial barrier in the province that other Canadians don’t necessarily face.
Martin Rioux and his husband have been dreaming of becoming parents for years. After many ups and downs, the couple from Memramcook, NB, decided to create embryos with donated eggs.
“We knew we were ready to have a child. We gave ourselves maybe a three- or four-year horizon,” Rioux said.
After struggling to find an egg donor and also potential surrogate mothers, Rioux’s sister-in-law offered to have a baby via in vitro fertilization (IVF).
Federal law prohibits paying a surrogate mother anything other than expenses incurred due to the pregnancy.
Still, the costs of IVF and other expenses have quickly piled up: Rioux estimates the figure at more than $60,000.
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The costs don’t end there.
He was shocked to learn that the hospital would automatically list the surrogate as the mother of his unborn child on his birth certificate.
“And then we will have to file a petition with the court to prove 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 gave birth to the child was listed as the mother on the original birth registration form, similar to adoptions.
“There is no difference for a heterosexual or homosexual couple in the surrogacy process. All couples must apply to the Court of King’s Bench for a declaratory order through the Family Services Act to have one or both parties recognized as parents on a New Brunswick birth certificate for a child born through a surrogate,” spokesperson Bruce MacFarlane wrote.
The statement goes on to say that the fee to amend a birth record is $35 and the fee for a certificate is $45. However, “there may also be attorney fees associated with preparing the documents and attending court to request the custody order.”
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Rioux and his supporters say the lawsuit and legal fees would actually amount to more than $5,000.
Fertility lawyer Sara Cohen tells Global News that the processes for including intended parents on a birth certificate may be easier and less expensive in other provinces.
She points to Ontario as an example, where prospective parents may have the option to register the baby in their own name “if they have followed all the laws correctly prior to the embryo transfer.”
While she says she “doesn’t want to take away the time and expertise” of lawyers, she believes action can be taken through legislation outlining the concept of who is a parent and who intends to be a parent prior to an embryo transfer.
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“New Brunswick is behind because there is really no legislation regarding surrogacy or children conceived through the use of third-party reproduction,” Cohen said.
“At this time, all other provinces have legislation that addresses the concept and reality of children born through third-party reproduction.”
Fertility Matters Canada, a Canadian charity that advocates for equitable access to fertility and family formation, 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 examined in a long time” when it comes to surrogacy.
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“Family building… has changed significantly in this country and, of course, globally,” he said.
“(Therefore, New Brunswick needs to take a) look at our current legislation, understand what other provinces are doing and update it so that intended parents and those who need to use surrogates to form their family are recognized within that legislation.”
For Rioux and her husband, the road to parenthood has been a long one. They tried embryo transfers, suffered miscarriages and health problems with surrogates who helped them.
They would like to see additional financial barriers removed for prospective parents like them in New Brunswick so the process is not prohibitively expensive.
“If (IVF) continues to fail and it takes another six years, yes, money is going to be an issue,” she said.
“But it will also be, well, are we still at an age where we want to have children? Hopefully that doesn’t happen.”
