Hon. Jane Cordy: Senator Gold, I raise this issue with you today on behalf of a Canadian couple who reached out to me and shared their experience of the barriers they faced as a same-sex couple starting their family.

During the last two elections, the current government campaigned on a promise to remove barriers for LGBTQ2+ people who wanted to start a family. These changes would also help heterosexual couples who have fertility challenges.

As well-intentioned as these promises are, they fail to take into account the realities of surrogacy and the differing family law systems across the provinces and territories.

More often than not, the intended parents cover the expenses of in vitro fertilization, IVF; and because neither of the intended parents are the “patient,” they are not eligible to claim the expenses from a tax perspective. The egg donor, or surrogate, cannot claim the expenses, as it would be claiming an expense for which they did not pay.

This requires a review of the structure of the tax credit system and how it defines a “patient” for the purposes of the tax credit.

Access to 15 weeks of leave is available to those parents who adopt their child following surrogacy. The government failed to understand that in several provinces with more progressive family law systems, the child born through surrogacy is not adopted. That would mean that these families would not be entitled to leave, as neither of the intended parents are the birth mother; nor would they be eligible for adoptive leave, as they have not, in fact, adopted the child.

Senator Gold, this couple’s experience is not unique. It is the same situation faced by parents starting their families through surrogacy, regardless of sexual orientation, across Canada. Mark Foley and Shelly Maynard from Dartmouth made their case public in 2019.

I know it’s not a simple issue, which is why I shared this couple’s concerns with your office in advance. I know I have provided a lot of information in a short period of time. Senator Gold, my question is this: Did you have an opportunity to raise these concerns with the responsible ministers; and if so, have you received a response?

Senator Cordy: Thank you for following up, Senator Gold, because things have certainly changed tremendously. I remember — and perhaps a few others on the line who may be my age will remember — getting eight weeks’ parental leave after one’s child was born. I have to tell you that it was really tough going back eight weeks after my older daughter was born, since I had been in the hospital a month beforehand.

Senator Gold, I met these young men who are expecting their first baby this month, in February. Congratulations to them. They are bringing this issue forward to help other people, because in some of these situations it’s too late for them to benefit.

In a recent conversation, one of the fathers said they were very fortunate because they are both professionals with good-paying jobs — as was the couple from Dartmouth. However, there is a gap in the law, and parents shouldn’t have to be well off to afford surrogacy. I’m not sure how many of us in our twenties would be able to afford $100,000 for the procedure. The surrogacy laws must be updated.

Senator Gold, would you please request that the government fulfill what were campaign promises relating to in vitro fertilization under the Assisted Human Reproduction Act?