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Amendments to Alberta Surrogacy Law

Did you know that in 2011 Alberta amended its Family Law Act to allows for gay couples to be co-parents of a baby born by surrogacy? Section 8.1(2)(b) of the Family Law Act now allows for the genetic sperm donor and his married partner or partner who is in conjugal relationship of interdependence of some permanence with the male donor, to both be listed as parents (subject to some requirements). Alberta also gives international non-resident couples the same rights regarding surrogacy and assisted reproduction as to Alberta residents as long as the baby is born in Alberta and one of the intended parents is genetically related to the baby. This assists gay couples who live in a different country to come to Alberta and both be declared as parents of a baby born in Alberta through surrogacy when one of them is a genetic donor.

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