Desperately Seeking Surrogates
Thoughts on Canada’s Emergence as an International Surrogacy Destination
From: Surrogacy in Canada
Karen Busby and Pamela M White, in Chapter 7, consider why Canada is emerging as a preferred jurisdiction for those seeking surrogates outside their home country. They identify a number of factors contributing to Canada’s emergence as a surrogacy destination and conclude that the international demand for Canadian surrogates should give us cause for concern. Busby and White, after considering various arguments for restricting surrogacy arrangements to citizens or residents of Canada, ultimately recommend that Canadian law should prohibit non-residents from participating in surrogacy arrangements in this country. They also make several recommendations for research, such as better empirical research into surrogacy in Canada, and for law reform, including the possibility of permitting commercial surrogacy in Canada, which would have an important impact on international demand.
Karen Busby is a professor of law and the director of the Centre for Human Rights Research at the University of Manitoba. Her research focuses on laws relating to sex, gender, and sexuality including sexual assault, sexual expression, sex work, wife abuse, and assisted reproduction. Throughout her thirty-year career as an academic, Busby has also worked with various litigation and law reform projects with organizations seeking national equality.
Pamela M White
Pamela M White is a specialist associate lecturer, Kent Law School, University of Kent, where she teaches undergraduate and LLM degree courses in medical law and ethics, and privacy and data protection law. She also teaches undergraduate medical law at Canterbury Christchurch University. Her research interests focus on the interface of medical law, bioethics, regulation, and population health policy. In her published work, she melds qualitative and quantitative data analysis with critical legal studies. Her scholarship draws on her extensive experience in the Canadian federal government where she was a senior director managing health, social, and demographic research. She has held assignments with the Office of Canadian Federal Privacy Commissioner, the Assisted Human Reproduction Agency of Canada, and the Population Health and Genomics Foundation, Cambridge.