Legislation
SECTION 581-502
Compensation
Family Court Act (FCT) CHAPTER 686, ARTICLE 5-C, PART 5
§ 581-502. Compensation. (a) Compensation may be paid to a donor or
person acting as surrogate based on medical risks, physical discomfort,
inconvenience and the responsibilities they are undertaking in
connection with their participation in the assisted reproduction. Under
no circumstances may compensation be paid to purchase gametes or embryos
or for the release of a parental interest in a child.
(b) The compensation, if any, paid to a donor or person acting as
surrogate must be reasonable and negotiated in good faith between the
parties. Base compensation paid to a person acting as surrogate shall
not exceed the duration of the pregnancy and recuperative period of
eight weeks after the birth of any resulting child. Supplemental
compensation for any medical procedure associated with complications
from the pregnancy or delivery as confirmed by a health care
practitioner, and any associated lost wages, may be, but are not
required to be, paid after the recuperative period and until twelve
months after the birth of the child, a stillbirth, a miscarriage
resulting in termination of the pregnancy, or termination of the
pregnancy.
(c) Compensation may not be conditioned upon the purported quality or
genome-related traits of the gametes or embryos.
(d) Compensation may not be conditioned on actual genotypic or
phenotypic characteristics of the donor or donors or of any resulting
children.
(e) Compensation to any embryo donor shall be limited to storage fees,
transportation costs and attorneys' fees.
person acting as surrogate based on medical risks, physical discomfort,
inconvenience and the responsibilities they are undertaking in
connection with their participation in the assisted reproduction. Under
no circumstances may compensation be paid to purchase gametes or embryos
or for the release of a parental interest in a child.
(b) The compensation, if any, paid to a donor or person acting as
surrogate must be reasonable and negotiated in good faith between the
parties. Base compensation paid to a person acting as surrogate shall
not exceed the duration of the pregnancy and recuperative period of
eight weeks after the birth of any resulting child. Supplemental
compensation for any medical procedure associated with complications
from the pregnancy or delivery as confirmed by a health care
practitioner, and any associated lost wages, may be, but are not
required to be, paid after the recuperative period and until twelve
months after the birth of the child, a stillbirth, a miscarriage
resulting in termination of the pregnancy, or termination of the
pregnancy.
(c) Compensation may not be conditioned upon the purported quality or
genome-related traits of the gametes or embryos.
(d) Compensation may not be conditioned on actual genotypic or
phenotypic characteristics of the donor or donors or of any resulting
children.
(e) Compensation to any embryo donor shall be limited to storage fees,
transportation costs and attorneys' fees.