| In this thesis, I evaluate whether gestational mothers should be compensated in addition to their expenses incurred, and what role the government should take with respect to commercial surrogacy. The issue of the best approach to commercial surrogacy is a timely one given Canada's enactment of the Assisted Human Reproduction Act in April 2004, which made it a criminal act to pay a gestational mother and also to arrange, offer to arrange, or advertise to arrange for the services of a gestational mother for a fee.; I argue that Canada's criminal prohibition is the wrong approach to commercial surrogacy, and that instead there should be a regulatory body put in place to regulate the practice of commercial surrogacy.; To determine that government regulation is the best method for commercial surrogacy, in this thesis I undertake a lengthy review of the how the criminal prohibition in the Assisted Human Reproduction Act came to be, look at other jurisdictions' approaches, review the perspectives of those affected by commercial surrogacy, and evaluate the merits of the three policy options (prohibition, free market, and regulation).; I conclude that a regulatory scheme for commercial surrogacy should be implemented in Canada, and that a regulatory body be set up within the Assisted Human Reproduction Agency of Canada to approve the surrogacy arrangements before they commence. |
