US$ surrogacy fees awarded to BC car accident victim

April 20, 2017

It is illegal to pay surrogacy fees in B.C. – one is only allowed to pay for the expenses a gestational carrier has in relation to her pregnancy.

But the B.C. Supreme Court ruled this week that a woman who was pregnant when she was in a car accident, but who could no longer safely carry a child because of the injuries she sustained, was entitled to the costs of hiring a surrogate in the U.S., which was established to be between $50,000 and $100,000.

The court said that the fact that it was illegal to pay a surrogate in Canada was not relevant, since the services the plaintiff needed would be purchased in the U.S. where surrogacy fees are legal.

Wilhelmson v Dumma et al 2017 BCSC 616