Montreal-area MP pushes for decriminalization of surrogacy payments

A Montreal-area Member of Parliament is calling on his government to change the law so that Canadians who want to be parents would no longer risk jail time if they paid egg and sperm donors or surrogates for their services.

Mount-Royal MP Anthony Housefathertabled a private member's billTuesday in the House of Commons calling for the decriminalization of payment for surrogacy, egg donation andsperm donation.

"I've seen so many people who have gone to the United States because they haven't been able to find a surrogate in Canada. They haven't been able to work within the Canadian system, and you shouldn'thave to go to the United States to do this. You you should be able to do it at home," said Housefather.

• Liberals push legalization of for-profit surrogate moms, sperm donors

It's not illegal to be a surrogate, or sperm/egg donor in Canada it's just illegal to be paid for it.

Under the current Assisted Human Reproduction Act, payment for such servicesis banned.

Surrogates can only be reimbursed for out-of-pocket costs directly related to the pregnancy, such as maternity clothes, medications or travel for medical appointments.

Anyone who pays donors or surrogates a fee for their service could face a maximum fine between $250,000 and $500,000, and face anywhere between four to 10 years behind bars.

"You can go to jail for as long as under a terrorism offence which makes absolutely no sense. Wanting to be a parent is not something that should get you thrown in jail because you do it in the wrong way," Housefather said.

"U.S. donors are paid, we have no control over whether or not they're telling the truth over who they are, on their health situation, yet we import that sperm and impregnate Canadian women with that sperm. We don't have domestic sperm we regulate appropriately."

Housefather says his bill would decriminalize for-profit payment, while still making it possible for the provinces to have their own regulations.

"It is not a criminal offence in Canada to sell blood, to sell plasma, even to sell an organ like a kidney. Those are all regulated by provincial statutes," Housefather said.

There has been some criticism to Housefather's move. Some say legalizing payments opens up the door to exploitation.

Housefather says his bill will include measures to prevent vulnerable women from becoming surrogates just to make money.

For instance, he points to agencies that may require women to pass psychological tests, be in a stable relationship and already have a child of their own.

"The bill will have provisions to ensure that we protect the most vulnerable, but that we do so in a way that doesn't stop every single person from engaging in the activity."