For the first time, a court in Canada has awarded separate damages for surrogacy fees for future potential pregnancies.
Mikaela Wilhelmson was involved in a head-on collision that killed three other people and left her with significant permanent disabilities, including never being able to carry a child. Rather than lump this in with the other usual non-pecuniary categories of pain, suffering and loss of amenities, the court awarded an additional amount, for the costs associated with retaining a surrogate in the future. The court accepted cost estimates of retaining a surrogate in the United States of between $50,000 and $100,000. The court took the low end of the range, $50,000, but awarded $100,000 for surrogacy fees for two future pregnancies. See Wilhelmson v. Dumma 2017 BCSC 616.
On September 30, 2016, Health Canada announced they would be making changes to the regulations governing surrogacy under the Assisted Human Reproduction Act. They will controversially be proposing to regulate reimbursable expenses for parties involved in surrogacy arrangements.