Introduction

Canada’s ban on commercial surrogacy has long been a controversial issue. The government’s original legislative intent was to prevent potential social problems caused by the commercialization of surrogacy, such as the exploitation of women and ethical concerns related to human life. However, this ban has not eliminated the demand for surrogacy; instead, it has forced many Canadians to seek surrogacy services abroad, bringing about numerous legal, ethical, and economic challenges. This phenomenon bears many similarities to the Prohibition era in the early 20th century United States. The U.S. attempted to prohibit the production and sale of alcoholic beverages through legal means in an effort to transform social norms, yet this prohibition ultimately failed and was repealed. This article will analyze the similarities between Canada’s ban on commercial surrogacy and the U.S. Prohibition and explore the necessity of repealing Canada’s surrogacy ban.

1. The Background and Failure of U.S. Prohibition

In 1920, the United States enacted Prohibition, banning the production, transportation, and sale of alcoholic beverages. The goal of this legislation was to reduce social problems associated with alcohol, such as domestic violence, health hazards, and crime. However, the ban failed to reduce public demand for alcohol; instead, it gave rise to black markets, illegal alcohol trade, and organized crime. Notably, infamous gang leader Al Capone became a direct product of the Prohibition era. Furthermore, the government faced financial difficulties due to high enforcement costs, ultimately leading to the repeal of Prohibition in 1933.

2. The Background and Issues with Canada’s Ban on Commercial Surrogacy

Similar to the U.S. Prohibition, Canada enacted the Assisted Human Reproduction Act (AHRA) in 2004, which explicitly prohibits commercial surrogacy. The reasons cited for this ban include protecting women’s rights, preventing economic exploitation, and maintaining reproductive ethics. However, this law has not reduced the demand for surrogacy in Canada. On the contrary, many Canadians seeking surrogacy turn to foreign countries such as the United States, Ukraine, and Georgia to access commercial surrogacy services.

This legal framework has led to several major issues:

1. Inability to Meet Domestic Demand: Many Canadian families face medical or physiological barriers to natural conception and have an urgent need for surrogacy. However, since commercial surrogacy is banned, finding local altruistic surrogates is extremely difficult, forcing many families to bear the high costs of seeking surrogacy abroad.
2. Increased Legal and Ethical Risks: Because commercial surrogacy is illegal in Canada, many Canadians must seek services overseas, leading to increased legal risks. In some cases, the surrogacy laws in certain countries are unstable, creating the potential for contractual disputes or sudden policy changes.
3. Economic Benefits Flowing Abroad: Hundreds of Canadians travel abroad each year for commercial surrogacy, with most of their expenditures going to foreign markets. If Canada were to permit commercial surrogacy, these funds could instead support the country’s healthcare system and reproductive technology advancements.

3. Similarities Between Canada’s Ban and U.S. Prohibition

1. Inability to Eliminate DemandJust as Prohibition failed to stop Americans from consuming alcohol, Canada’s ban on commercial surrogacy cannot prevent people from seeking surrogacy services. The right to have children is a fundamental human need, and many couples with fertility issues seek surrogacy. Prohibiting commercial surrogacy does not eliminate this demand.
2. Growth of Overseas Markets and Gray AreasThe U.S. Prohibition led to underground alcohol trade and gang violence, whereas Canada’s ban on commercial surrogacy has driven many Canadians to seek services abroad, sometimes involving unregulated intermediaries. Additionally, Canada has a “gray area” where surrogates cannot receive direct economic compensation but may receive “reasonable reimbursement,” making regulation more challenging.
3. Government Loss of Economic BenefitsDuring Prohibition, the U.S. government lost significant tax revenue from the alcohol industry while incurring high enforcement costs. Similarly, Canada’s prohibition on commercial surrogacy prevents the domestic healthcare system from benefiting from a legitimate surrogacy market, and the government loses potential tax revenue from the industry.

4. The Necessity of Repealing Canada’s Commercial Surrogacy Ban

1. Protecting Surrogates’ RightsLegalizing commercial surrogacy under a clear legal framework can protect the rights of surrogate mothers, ensuring medical coverage, fair compensation, and legally protected contracts. This would be more transparent and secure than the current gray-area compensatory surrogacy system.
2. Reducing Legal and Ethical Risks of Overseas SurrogacyBy legalizing commercial surrogacy within Canada, the government can establish strict regulations to ensure the legality of surrogacy processes, avoiding potential legal disputes and ethical dilemmas associated with overseas surrogacy.
3. Promoting the Development of the Medical IndustryAllowing commercial surrogacy would contribute to the advancement of reproductive medicine in Canada, providing better healthcare services to infertile families while creating new employment opportunities.
4. Increasing Government Tax RevenueThe Canadian government can implement appropriate tax regulations on the commercial surrogacy industry, ensuring that its development benefits not only individuals but also national finances.

Conclusion

Canada’s ban on commercial surrogacy shares many similarities with the U.S. Prohibition: both sought to restrict the commercialization of a particular activity through legislation, yet neither successfully eliminated demand. Instead, they gave rise to overseas markets and unregulated gray industries. History has shown that forcibly prohibiting an industry with high societal demand often fails, ultimately leading to more severe social problems. Therefore, Canada should reconsider its commercial surrogacy policies and explore the gradual legalization of commercial surrogacy under strict regulatory frameworks. This would better serve the reproductive needs of Canadian citizens, reduce the legal risks associated with overseas surrogacy, and promote economic and medical advancements within the country.

1.  到底多重的体重才算是肥胖？

    很显然，不能单纯以体重多少来判断一个人是否“肥胖”，因为不同的人，身高是有差异的。目前国际上通行用体重指数BMI来判断一个是“正常”“过胖”还是“过瘦”。BMI有一套计算方法，这里不详诉。简单的说是一个人的体重与身高比。在网上搜索“BMI”，可以马上得到BMI在线计算器。

如图所示：输入你的体重，身高就可以得到你的BMI指数。

值得一提的是他的这几个区间：

过瘦：=<18.5

正常：18.5-24.9

过胖：25-29.9

肥胖：高于30

其实对于绝大多数BMI指数在正常范围内的女性来说：不管他们如何偏执的认为自己如何如何太胖了需要减肥之类的，她们其实都可以获得一个正常妊娠结局。但如果你的体重是低于19，或者尤其是高于25的话，相对于那些BMI在正常范围内的女性，你想要获得一个整个妊娠的可能性会大大降低。

当然了，BMI并不意味着解决了所有的问题。即便你的体重在正常范围内，也有一定可能你会发生与体重相关的不孕不育问题。但毫无疑问，肥胖对体重的影响是肯定巨大和压倒性的。

2. 全怪雌激素（estrogen）

雌激素对女性的作用是很多很大的，其中很重要的一点就是可以促进和维持女性生殖器官和第二性征。看到这里，你是不是认为那雌激素是不是越多越好？越多雌激素我越多女人味？很遗憾，不是这样。

雌激素绝大部分由女性的卵巢分泌，但并非全部由卵巢分泌。女性内分泌系统里大约30%的雌激素是由脂肪细胞分泌的！过多的脂肪细胞，意味着过多的雌激素（更多女人味？似乎不是），过多雌激素可以抑制、乃至完全停止女性的正常排卵。40%的肥胖女性都有希发或者不规律月经。这肯定会大大降低她们的受孕机率。

肥胖也会导致多囊卵巢综合征（PCOS），胰岛素抵抗等一系列影响生育能力的病症。

正如本文开头所说：体重过重乃至肥胖对女性生育能力的负面影响之大为那些执着于减肥的女性朋友带来了完美借口。其实您对减肥的执念其实可能并不是来源于虚荣心，而是来自要担负起整个人类的正常繁衍的历史责任感和使命感！

您自己觉得是这样吗？