Surrogacy in Canada: A Simple Guide for Families

Surrogacy in Canada involves legal, ethical, and medical considerations. Know your rights as an intended parent or surrogate with guidance from a family lawyer.

Who’s Involved? Identifying the Parties

A surrogacy agreement should name all involved individuals, including:

• The intended parent(s), with full legal names and contact information
• The surrogate mother and her spouse or partner (if applicable)

Everyone should confirm that they are entering the arrangement voluntarily and with full mental capacity.

Shared Purpose and Intent

A surrogacy agreement should express the mutual goal: the surrogate agrees to carry a child for the intended parents, who plan to assume full legal and emotional responsibility. The surrogate makes it clear she has no intention to parent the child.

Medical Screening and Health Commitments

All parties should consent to medical evaluations and fertility-related procedures. Surrogates typically agree to:

• Embryo transfer and related treatments
• Maintain a healthy pregnancy (e.g., avoiding smoking, alcohol, and restricted medications)
• Allow intended parents to attend key medical appointments

Legal Parentage and Custody

Surrogacy agreements should confirm that the intended parents will be recognized as the child’s legal parents. The surrogate agrees to surrender any parental claims, and legal steps, such as pre-birth or post-birth court orders, may be necessary to establish parentage formally.

Expenses and Financial Terms

While Canadian law prohibits paying a surrogate beyond certain allowable costs, agreements often outline:

• Reimbursement for pregnancy-related expenses (travel, maternity clothes, lost wages)
• A schedule for when reimbursements will be made
• Details of insurance coverage for medical care, and potentially life insurance

Health Insurance Coverage

The agreement should clarify:

• Which party is responsible for securing and paying for health insurance
• What is included in the policy (e.g., fertility treatments, prenatal care, delivery)

Legal and Emotional Support

All parties are strongly encouraged to receive:

• Independent legal advice, so their interests are protected
• Counselling services, before, during, and after the pregnancy, to ensure emotional readiness

Sensitive Topics: Abortion or Selective Reduction

These topics can be emotionally and legally complex. Agreements often:

• Define the circumstances under which termination or reduction may be considered
• Acknowledge that, under Canadian law, the surrogate retains bodily autonomy

Birth and Post-Birth Arrangements

A birth plan should be included, detailing:

• The planned hospital or birthing centre
• Who will be present at the delivery
• How and when the child will be discharged into the care of the intended parents

Privacy and Public Exposure

Most surrogacy agreements include provisions to protect the privacy of all parties involved. They may:

• Limit who can speak about the arrangement publicly
• Prohibit any media contact or social media posts without mutual consent

Dispute Resolution and Jurisdiction

Disagreements can happen. The agreement should outline:

• How conflicts will be resolved (e.g., mediation or arbitration)
• Which province or country’s laws will apply, especially in cross-border arrangements

Ending the Agreement

Sometimes, an agreement may need to end early. Conditions for termination might include:

• Failed embryo transfers
• Mutual consent of all parties
• Legal or medical reasons

Legal Representation

Each party should retain its lawyer. The agreement should name these legal professionals to confirm that everyone received independent legal advice before signing.

Surrogacy and Canadian Law: What You Need to Know

In Canada, altruistic surrogacy is legal, meaning a surrogate can be reimbursed for approved expenses but cannot be paid for her services. The Assisted Human Reproduction Act (AHRA) prohibits:

• Offering or accepting payment for surrogacy
• Advertising surrogate services
• Paying anyone to arrange surrogacy services
• Encouraging a woman under 21 to become a surrogate

Note: Surrogacy contracts are not automatically enforceable in Canadian courts, but they may still influence decisions around parentage and custody.

What About International Surrogacy?

If the Surrogacy in Canada takes place abroad, the legal rules of that country will govern the agreement. This includes:

• Whether the contract is enforceable
• Parental rights at birth
• Rules around citizenship or passport issuance for the child

Once the child is brought to Canada, Canadian immigration and family laws come into play, which can create additional legal steps.

Key Reminders for Canadians Considering International Surrogacy:

1. Seek legal advice from both the foreign jurisdiction and a Canadian lawyer who understands surrogacy, immigration, and family law.
2. Confirm local laws on parentage, surrogacy compensation, and rights.
3. Plan ahead for Canadian citizenship or immigration procedures.
4. Document everything—get written, signed agreements with professional translations if needed.
5. Choose ethical jurisdictions with clear legal processes and protections.

Why Legal Guidance Is Essential

Surrogacy is not just a medical process—it’s a legal relationship that can impact immigration, parentage, citizenship, and custody. At IQBAL LAW, we help both intended parents and surrogates navigate the legal landscape with care, clarity, and compliance.

Need legal advice about surrogacy in Canada?
Contact Nasar Iqbal, a Family Lawyer at IQBAL LAW, for a consultation tailored to your family’s journey.

Need advice on surrogacy agreements or legal parentage?
Contact our office today to schedule a consultation.

DISCLAIMER:

The information provided in this blog is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is established through this writing. You should consult with a qualified attorney for advice tailored to your specific situation. The lawyer and their firm disclaim any liability arising from reliance on this blog or any other content on this website.