Surrogacy in Canada offers a unique blend of legal protection and ethical practices for intended parents looking to grow their families.
The Canadian approach focuses on altruistic arrangements, where surrogates cannot be paid for carrying a child but can receive reimbursement for reasonable expenses.
With good healthcare systems and clear legislation in some provinces, Canada attracts both domestic and international intended parents who value legal certainty and ethical frameworks.
At The Surrogacy Insider, Olga provides comprehensive guidance to help you navigate this complex but rewarding path to parenthood.
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Understanding the Legal Landscape for Surrogacy in Canada
Canada's approach to surrogacy is governed by the Assisted Human Reproduction Act (AHRA), enacted in 2004 with various amendments since. This federal legislation creates a consistent framework across most provinces, while Quebec follows distinct civil law with a different approach to surrogacy arrangements.
The cornerstone of legal surrogacy in Canada is the prohibition of commercial surrogacy. The law forbids paying a surrogate for her services, with potential criminal penalties including fines up to $500,000 and imprisonment for up to ten years. However, the law permits altruistic surrogacy, where the surrogate receives reimbursement only for pregnancy-related expenses.
In 2020, Health Canada introduced specific regulations clarifying what expenses are legitimate and reimbursable, bringing more certainty for all parties. All reimbursements must be backed by receipts and a signed declaration by the surrogate confirming the expenses were incurred because of the surrogacy. The law outlines a list of permissible expense categories:
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Medical and Pharmacy Costs: Health-related expenses not covered by provincial healthcare, such as prescriptions, prenatal vitamins, or medical devices recommended by a physician.
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Travel Expenses: Costs for travel to fertility clinics or doctor appointments, including transportation (fuel, mileage, parking, taxis or airfare) and accommodation and meals if needed for out-of-town appointments.
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Maternity Clothing and Wellness: Maternity clothes and prenatal wellness classes or services (e.g. prenatal exercise classes) to support a healthy pregnancy.
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Care for Dependants: Childcare or pet care expenses for the surrogate’s family while she attends appointments or if she needs rest during the pregnancy.
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Lost Wages: Compensation for any lost income if the surrogate is unable to work due to pregnancy-related health reasons – but only with a medical note certifying that it’s necessary (for example, doctor-ordered bed rest). There are clear rules around this: a physician must provide written confirmation and the surrogate must declare the period she couldn’t work.
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Professional Services: The cost of counseling services related to the surrogacy, and legal fees for the surrogate’s independent legal advice, are reimbursable to ensure she isn’t out-of-pocket for required support.
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Insurance: Any additional health, disability, travel or life insurance premium related to the surrogate’s pregnancy can be covered.
This careful approach to expenses ensures surrogacy in Canada remains ethical and non-commercial. The surrogate should not profit beyond being made whole for expenses, and any attempt to disguise payment (for example, paying off a surrogate’s mortgage or other unrelated costs) is illegal.
For transparency, reimbursements typically require detailed receipts and signed declarations as per Health Canada guidelines. Both intended parents and surrogates must keep diligent records, and many work with escrow agents or lawyers to manage the reimbursement process properly. Violating these rules (intentionally or inadvertently) can carry legal consequences, so everyone involved must navigate the expense regulations diligently.
This altruistic model like this, underpinned by federal law, reflects Canadian values of trust and compassion. While surrogacy in Canada accounts for only a few hundred births per year, it has become an important and viable option for families from around the world who value legal certainty and an ethical framework.
The AHRA also sets a minimum age of 21 for a woman to act as a surrogate, underscoring the importance of informed, adult consent.
Federal vs. Provincial Roles
The AHRA provides a uniform federal framework prohibiting payment, but family law (establishing parentage and enforcing surrogacy agreements) falls under provincial jurisdiction.
This means that while it’s legal to do an altruistic surrogacy anywhere in Canada, the process for recognizing the intended parents as the legal parents of the baby depends on the province or territory where the baby is born.
Each province has its own laws or procedures for transferring parentage from the surrogate to the intended parent(s) after birth, and these can vary significantly:
In most surrogacy-friendly provinces, like Ontario, British Columbia, Alberta, etc. – the process to recognize intended parents is straightforward and can often be done without a formal adoption. Many of these jurisdictions have simplified post-birth registration processes. Essentially, as long as proper consents and a valid surrogacy agreement are in place, the intended parent(s) can be listed on the baby’s birth certificate almost immediately or within days of birth, with minimal court involvement. Courts in Canada have been generally supportive of surrogacy arrangements; in gestational surrogacy cases (where the surrogate has no genetic link to the child), a well-drafted contract and mutual consent typically ensure the intended parents are recognized as the legal parents from the outset.
Other provinces (or situations with unusual circumstances) may require a bit more legal work. In some regions that lack specific surrogacy legislation, the intended parents might need to apply for a court declaration of parentage after the birth, or occasionally pursue a formal adoption, to terminate the surrogate’s default rights and establish the intended parents’ rights. For instance, if neither of the intended parents has a genetic link to the baby and the province’s law is not explicit, an adoption or court order ensures that the intended mother/father have full legal status. These extra steps are usually procedural but can take a few weeks or months and involve legal filings. Intended parents should plan according to the province’s requirements.
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Quebec has been a special case of the surrogacy process. Historically, under Quebec’s civil code, surrogacy agreements were not legally recognized or enforceable at all. The woman who gives birth was considered the legal mother, regardless of any agreement, and intended parents could only become legal parents by adopting the child after birth. In fact, a surrogate in Quebec traditionally had the right to keep the child if she chose, since contracts held no legal weight, meaning intended parents in Quebec proceeded entirely on trust. Efforts have been made in recent years to reform Quebec’s surrogacy laws. Notably, a comprehensive reform was passed as Bill 12 (2021-2023), which came into effect in March 2024 and introduced a legal framework for surrogacy in Quebec. Under the new rules, surrogacy agreements can be honored if strict conditions are met: the agreement must be made before conception, all parties (surrogate and intended parent(s)) must have independent legal advice and a mandatory psychosocial consultation, and crucially the agreement must be notarized and all parties must have been domiciled in Quebec for at least 1 year. The surrogate must be at least 21, and the law explicitly protects her bodily autonomy – she retains the unilateral right to change her mind (e.g. to keep the baby or terminate the pregnancy) despite the contract. If everything goes according to the new law, after the birth the intended parents can be directly recognized on the birth certificate via a streamlined process: the parties will sign notarized documents (an act of birth filiation and the surrogate’s formal consent to relinquish maternity), which are submitted to Quebec’s Directeur de l’état civil (civil registry). The result is that the intended parents will be listed as the child’s legal parents without a court hearing, avoiding the need for adoption in those cases. However, if the strict conditions are not met (for example, if a surrogate in Quebec did not go through the mandated process), the old default rules still apply, meaning intended parents in such a scenario would have to adopt, and the surrogate could legally keep the child.
Surrogacy is increasingly common and accepted, but with this growth comes a maze of information and decisions that can overwhelm even the savviest parents-to-be.
The Surrogacy Insider is here to change that.
We believe your dream of parenthood deserves honest answers – not sales pitches or half-truths. Our mission is to guide you through the complex world of international surrogacy with 100% independent, transparent support. You’ll get unfiltered insights on costs, timelines, legalities and options tailored to your situation, so you can make informed decisions with confidence. No matter who you are or where you’re from, we’ll help you navigate a path to parenthood that’s right for you.
Surrogacy Process in Canada: Step by Step
Navigating a surrogacy journey in Canada involves multiple stages and often spans well over 24 months from the initial preparations to bringing home your baby. The process is thorough – prioritizing the health, safety, and rights of all involved.
Here is an overview of the typical steps in a Canadian surrogacy process:
1. Initial Planning and Preparation: Intended parents begin with research and careful planning. You’ll want to determine if surrogacy (and specifically, surrogacy in Canada) fits your family goals, values, timeline, and budget. Early professional advice can clarify the process based on where the baby will be born, and what documents or court orders you’ll eventually need. Essentially, this phase is about building the foundation: securing a clinic, arranging any egg or sperm donation needed, and making sure you are mentally and financially ready for the journey ahead.
2. Finding and Matching with a Surrogate: Because Canada’s surrogacy is altruistic, finding a willing surrogate can take time – there are far fewer surrogates than there are intended parents. Screening is critical: a potential surrogate should undergo thorough medical evaluations (to ensure she can safely carry a pregnancy) and psychological screening. Surrogates in Canada typically must meet certain guidelines, such as being 21–45 years old, having at least one healthy child of her own, and being in good physical and mental health. She also must be a Canadian citizen or permanent resident so that she is covered by provincial healthcare and to comply with legal rules about residency. Once a suitable candidate is identified, there’s typically a “matching” phase: you and the surrogate might meet (in person or via video call) to ensure you share expectations and feel comfortable with each other. It’s important to discuss things like communication preferences, views on sensitive issues (for example, selective reduction or termination if serious medical issues arise), and the level of involvement during the pregnancy. Given the limited pool of surrogates, this matching stage can take several months or years. Patience is essential during this step, but trusting the right surrogate match, someone you feel good about partnering with, is crucial for a smooth journey.
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3. Legal Agreements: Before any medical procedures (like embryo transfer) take place, all parties will sign a surrogacy agreement (contract). This contract is a comprehensive document prepared by lawyers to cover every aspect of the arrangement. Both the intended parent(s) and the surrogate (and her spouse, if she has one) should have independent legal counsel – each side needs their own lawyer to review and explain the contract, to ensure everyone’s interests are protected. The contract will explicitly state that the surrogate does not intend to parent the child and that the intended parent(s) will be the child’s legal parent(s). It also details what expenses will be reimbursed, outlines how medical decisions will be made (for instance, agreements around prenatal care, or how to handle any complications), and plans for the birth (such as who will be in the delivery room, and that the baby will be given to the intended parents immediately after birth). Unusual scenarios are addressed too – for example, how to proceed if there’s a miscarriage, or if multiple embryos take (resulting in twins). No part of the contract can offer any compensation beyond expenses, in accordance with Canadian law, but it provides clarity on expenses and process. In provinces where pre-birth parentage orders are available, a signed contract is typically a prerequisite and will be submitted to the court as evidence of everyone’s intent. The legal agreement phase usually takes a few weeks of discussion and revisions (each party’s lawyer may negotiate minor changes). Once all parties sign the contract, the stage is set for medical treatment to begin.
4. Fertility Treatment and Embryo Transfer: With a contract in place, the medical process can start. Most times, the intended parents have already created embryos and possibly even chosen an embryo for transfer. If not, a cycle will be coordinated now (which could involve the intended mother providing eggs or using an egg donor, and fertilizing the eggs with sperm from the intended father or a donor). When ready, an embryo transfer is performed: a doctor uses a catheter to place the embryo into the surrogate’s uterus. This is a relatively quick and painless procedure done at the fertility clinic. Canadian best practice generally is to transfer a single embryo to minimize the chance of multiples (twins or more can pose higher medical risks). About 10–14 days after the transfer, the surrogate will take a pregnancy test (usually via blood test at the clinic) to see if implantation occurred. This wait can be an anxious time for everyone. The clinic may schedule an ultrasound a couple of weeks later to confirm heartbeat and that everything looks normal. If the first transfer doesn’t lead to pregnancy, the team may try with another embryo (if available) in subsequent cycles, as agreed. It’s common to have multiple attempts; intended parents should be mentally and financially prepared that more than one IVF cycle or embryo transfer may be needed. This can extend the timeline by a number of months. Once a healthy pregnancy is confirmed, the fertility clinic will typically oversee the surrogate’s care for the initial weeks, then “graduate” her to standard prenatal care with her own OB/GYN or midwife.
5. Pregnancy and Prenatal Care: Once the surrogate is pregnant, she will receive regular prenatal care just like any expectant mother – with the major advantage that Canada’s universal healthcare system covers her maternity medical costs (since she is a Canadian resident). This means prenatal check-ups, ultrasounds, blood tests, and ultimately the labor and delivery in a hospital are all provided through the provincial health plan, relieving financial burden on both surrogate and intended parents for medical care. The intended parents and surrogate will usually stay in close communication throughout the pregnancy. During these months, the surrogate will be reimbursed for all pregnancy-related expenses per the contract. Emotionally, the pregnancy is a time of partnership: the surrogate is generously caring for the baby, and the intended parents are offering support and gratitude. Counseling and support resources are often available as well. The Canadian surrogacy community is very supportive, and everyone’s focus is on the shared goal of a healthy baby and a positive experience.
6. Birth and Establishing Parentage: The birth is the culmination of the journey and it’s often a beautiful and emotional event for both the surrogate and the intended parents. Typically, the intended parents will travel to be near the surrogate’s location by the due date (international parents often arrive a couple weeks before the due date, just to be safe, in case the baby comes early).
A birth plan will have been discussed: for example, will the intended parents be in the delivery room? Hospitals in Canada are generally quite familiar with surrogacy cases and strive to accommodate everyone – for instance, making sure the baby is handed directly to the intended parents and that they have a room as well. Immediately after birth, the surrogate will typically sign some consent forms or affidavits. These documents state that she is not the mother of the child and consents to the intended parents being recorded as the parents. In many provinces (like Ontario, British Columbia, etc.), legislation allows the intended parents to be named on the birth certificate from the start, without a court order, as long as the proper paperwork (surrogacy contract, surrogate’s consent, etc.) is filed with Vital Statistics within a few days of birth.
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In other provinces, a court application might be needed to officially declare parentage. This can sometimes be done before birth (a pre-birth order that takes effect when the child is born), or it may happen shortly after birth. If a court hearing is required, it’s often a simple, uncontested procedure. By contrast, if an adoption is required (as was traditionally the case in Quebec or in certain cases where laws haven’t caught up), the process could take a bit longer because it may involve post-birth interviews and possibly a court appearance to finalize. The good news is that in the vast majority of cases across Canada, the intended parents ultimately have full legal recognition, and this is routine.
International intended parents will have some additional steps here: after getting the provincial birth certificate (with their names), they must obtain citizenship documents or a passport for the baby from their home country’s embassy/consulate in Canada. Depending on the country, this can take anywhere from a few weeks to a few months. For example, a U.S. citizen's intended parent can apply for a Consular Report of Birth Abroad and a U.S. passport for the baby. This is usually finished in under 2 weeks. European intended parents might need a bit longer, as some countries require registering the birth back home or even a court order from home. It’s wise for international parents to budget 4+ weeks of stay in Canada after the birth to complete all necessary paperwork and ensure the newborn is ready and safe to travel. During this time, they’ll be bonding with the baby.
Once travel documents are in hand and the baby is cleared to fly, the intended parents can return home with their new son or daughter, officially ending the surrogacy journey and beginning the next chapter as a family.
7. Post-Birth and Beyond: After the baby’s arrival, the focus shifts to post-partum recovery and adjustment. Many surrogacy agencies or support networks provide post-partum counseling to surrogates if needed. Intended parents, on the other hand, are joyfully busy caring for a newborn (and often navigating international paperwork at the same time!).
Looking back, most intended parents I spoke with say that although the journey was long, often more than two years in total, every challenge and delay was worth it to finally have their child.
The surrogacy journey requires patience and trust, but it often results in the creation of not just a new baby, but also a special bond between families that can last a lifetime.
How Much Does Surrogacy in Canada Cost?
The total cost of surrogacy in Canada typically ranges between $80,000 and $130,000. This estimate covers all aspects of the journey, from medical procedures to legal fees and surrogate expense reimbursements.
Breakdown of Typical Costs:
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Agency Fees: $20,000 to $30,000. These fees cover matching with a surrogate, coordination services, and support throughout the journey.
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Legal Fees: $10,000 to $15,000. This includes separate legal representation for intended parents and surrogates, drafting and reviewing contracts, and post-birth legal procedures to establish parentage.
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Medical Procedures: $20,000 to $40,000+ Costs for IVF, embryo creation, medical screening, and embryo transfer. This may be higher if multiple IVF cycles are needed.
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Surrogate Expense Reimbursement: $25,000 to $40,000. While surrogates cannot be paid, they can be reimbursed for reasonable pregnancy-related expenses as outlined in the regulations.
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Egg Donor Compensation (if needed): $5,000 to $10,000. Unlike surrogacy, egg donation can involve compensation to the donor in addition to expense reimbursement.
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Miscellaneous Expenses: $5,000 to $15,000. This covers psychological evaluations, insurance, and other incidental expenses.
For international intended parents, additional costs may include:
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Flights to Canada on 2 occasions (to donate biomaterial and the birth)
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Extended accommodation in Canada around the time of birth
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Immigration assistance for the newborn
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Legal support in the intended parents home country
While these costs are significant, they remain considerably lower than surrogacy in the United States, where total expenses can easily exceed $200,000.
The difference comes from Canada's prohibition on commercial surrogacy, which eliminates surrogate compensation that often runs $50,000-$70,000 in the US.
Inclusive Surrogacy: Who Can Pursue Surrogacy in Canada?
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HIV-Positive Intended Parents: Thanks to modern medical advances, being HIV-positive does not bar someone from having a biological child via surrogacy – and Canada’s policies reflect this. Men who are HIV-positive can safely provide sperm for IVF by using specialized processing known as the Special Program of Assisted Reproduction (SPAR), sometimes colloquially called “sperm washing.” In this process, the sperm sample is processed and tested in a way that ensures no HIV virus is present in the final specimen used for fertilization. In fact, since the mid-2010s it’s been documented that if an HIV-positive person is on treatment and has an undetectable viral load, the risk of transmission is effectively zero – captured in the slogan “U = U” (Undetectable = Untransmittable).
The Canadian Assisted Reproduction regulations were updated in 2020 (the Safety of Sperm and Ova Regulations) to explicitly allow semen from HIV-positive individuals to be used in IVF under certain safety conditions, which helped normalize the process.
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International Intended Parents: A significant number of intended parents who pursue surrogacy in Canada come from abroad. Canada has become a destination for “fertility tourism” in a positive sense - international couples are drawn by Canada’s strong legal protections, excellent medical care, and comparatively reasonable costs. There is no requirement to be a Canadian citizen or resident to do surrogacy in Canada. If you are an international intended parent, here are key points:
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First, your surrogate must reside in Canada.
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Second, you will be doing a lot remotely – initial consultations with the fertility clinic can often be done via video, and you might ship sperm or embryos to Canada if needed, or travel once to deposit genetic material. Some international parents attend the embryo transfer in person, but many do not; however, being present for the birth is essential.
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Third, and very importantly, you must plan for the citizenship and passport for your baby after birth. Babies born in Canada to foreign (non-resident) parents are not automatically Canadian citizens (Canada’s birthright citizenship law only applies if the birth mother is a Canadian citizen or permanent resident and intends to raise the child in Canada, or if the genetic parents are Canadian - a surrogate’s citizenship doesn’t grant the baby Canadian status since she’s not the legal parent). Usually, the baby will take the citizenship of the intended parents.
Pros and Cons of Surrogacy in Canada
Advantages
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Clear Legal Framework: Canada's federal legislation provides a consistent legal environment across most of the country (except Quebec). This clarity reduces legal uncertainty for intended parents.
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High-Quality Healthcare: Canada's public healthcare system ensures surrogates receive excellent prenatal care. Many fertility clinics offer top services with experienced specialists.
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Ethical Approach: The altruistic model attracts surrogates who are genuinely motivated by helping others create families rather than financial gain.
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Recognition of Diverse Families: Canadian surrogacy welcomes single parents and LGBTQ+ families with legal frameworks that protect all family structures.
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Cultural and Language Accessibility: For many international intended parents, Canada's multicultural environment and widespread use of English (and French) make communication easier than in some other destinations.
Challenges
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Surrogate Availability: The altruistic model means fewer women become surrogates compared to countries with commercial models. This results in longer waiting times. It is relatively common for intended parents to wait many months or years before a successful match takes place.
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Complex Expense Management: Navigating what counts as legitimate reimbursable expenses requires careful documentation to ensure compliance with regulations.
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Provincial Variations: While federal law creates a consistent framework, each province has different procedures for establishing legal parentage.
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Overall Timeline: The combination of surrogate availability and careful screening means Canadian surrogacy journeys often take longer than 24 months from visiting the clinic to bringing the baby home.
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No Direct Financial Incentive for Surrogates: While we herald the altruistic system as an advantage, it does carry some implications that can be challenging. Because surrogates aren’t paid a wage, the “pull” factors for women to become surrogates rely on altruism and positive experiences. If a surrogate faces life changes – say a job opportunity or a financial hardship – she might understandably prioritize those over doing a surrogacy.
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Support and Guidance Before You Begin Your Surrogacy Journey
The initial stage of a surrogacy journey can feel the most overwhelming—there are countless programs, clinics, and agencies all competing for your attention, and it’s easy to feel lost or pressured. This is also the stage where the decisions you make will shape the entire course of your journey.
As an independent consultant, my role is to guide you through this critical research and planning phase. Unlike agencies that present predetermined packages, I take the time to understand your unique priorities and circumstances. My aim is to provide clear, unbiased information so you can navigate options with confidence, avoid unnecessary costs, and lay a strong foundation for the rest of your journey.
Having questions? Reach out to Olga by filling this contact form
How I Can Support Your Canadian Surrogacy Journey:
Initial Assessment and Planning: Through consultations, I help you evaluate whether Canadian surrogacy matches your values, timeline, and budget. We'll create a roadmap that considers your specific circumstances.
Provider Selection: I connect you with reputable Canadian fertility clinics, surrogacy agencies, and legal professionals with proven track records. My network includes providers who understand both domestic and international intended parents' needs.
My Support Options & Guidance Packages are designed to provide the level of support you need. With my experience, you can approach Canadian surrogacy knowing you have dedicated support at the very crucial stage of the process.
If you're considering surrogacy in Canada and would like to learn more about how I can assist, please Contact Me today.
FAQ
Yes. Altruistic surrogacy is legal under the federal Assisted Human Reproduction Act (AHRA). Surrogates cannot be paid, but can be reimbursed for eligible expenses.
Finding a surrogate can take 9–18 months, sometimes longer due to the altruistic model and screening process.
The AHRA prohibits commercial surrogacy, regulates expense reimbursement, and sets national standards. Provincial rules on parentage still apply.
Parentage is determined by provincial law. Some provinces allow pre-birth orders; others require post-birth court or administrative steps.
Canada recognizes and protects the rights of LGBTQIA+ intended parents in surrogacy arrangements in most provinces.
Yes. Canada offers strong legal protections, a high standard of healthcare, and inclusive laws for diverse family types.
Married couples, common-law partners, single parents, and LGBTQIA+ individuals can pursue surrogacy, subject to provincial laws.
A surrogate is matched, legal agreements are signed, IVF is performed, and the surrogate carries the pregnancy. Parentage is transferred after birth under provincial rules.
From first consultation to bringing your baby home, the process usually takes 24 months or more.
Yes. Gestational surrogacy, where the surrogate has no genetic link to the child, is the most common and legally recognized model.
Most are motivated by altruism, helping others build a family, rather than financial gain.
Traditional surrogacy uses the surrogate’s own egg; gestational surrogacy uses an embryo from the intended parents or donors.
Commercial surrogacy involves paying a surrogate for her services. It is prohibited in Canada.
Yes, but they must ensure their home country will recognize their parental rights and grant the child entry.
Generally, surrogates must be 21–45, have had at least one healthy pregnancy, be in good health, and be a Canadian citizen or permanent resident.
They are reimbursed for reasonable, documented pregnancy-related expenses such as medical costs, travel, maternity clothes, lost wages, and childcare.
