Everything to Know About…
Surrogacy is legally supported in Canada, but it’s tightly restricted. It’s illegal to pay your surrogate anything more than her out-of-pocket expenses. Federal law allows only altruistic surrogacy in Canada, agencies that match surrogates with parents are restricted, and commercial services that support either the parents or the surrogate are prohibited. As a result of these restrictions, finding a woman willing to become a surrogate in Canada can often take 18 or more months,
Surrogacy is legal in Canada but only under altruistic terms — surrogates may be reimbursed for out-of-pocket expenses, but cannot be paid for their service.
The federal Assisted Human Reproduction Act prohibits paying a woman to be a surrogate or paying intermediaries to arrange surrogacy.
Provincial laws determine how parentage is established and may require a post-birth parentage order or similar legal process.
Because compensation is restricted, finding willing surrogates in Canada can take time — matching can often take 10 to 18 months.
Total costs are lower than in the U.S., but not dramatically so; most savings come from the absence of surrogate compensation.
Babies born in Canada usually receive Canadian citizenship at birth, which can simplify travel and citizenship procedures for intended parents.
Surrogacy arrangements must be carefully structured to comply with both federal and provincial regulations, making experienced legal guidance essential.
Yes, surrogacy is legal in Canada under the Assisted Human Reproduction Act (AHRA), which became law in March 2004.
This AHRA established that only altruistic surrogacy is legal in Canada. This means that it is illegal to pay a woman to be a surrogate mother for her services. Similarly, it is illegal to pay, offer to pay, or advertise payment to egg or sperm donors. It’s also illegal to purchase human sperm and eggs. The AHRA also criminalizes commercial intermediaries, such as surrogacy agencies, from arranging surrogacy services or matching intended parents with surrogates for a fee. Furthermore, the Act sets a minimum age of 21 for a woman to be a surrogate mother.
Despite the prohibition on payment for surrogacy services, the AHRA permits the reimbursement of a surrogate mother’s out-of-pocket expenses directly related to her pregnancy. These reasonable expenses can include maternity clothes, medications, and travel costs. Reimbursement for loss of work wages is also permissible if a medical practitioner declares in writing that bed rest is medically necessary.
It is crucial to note that all reimbursements generally require receipts and cannot result in financial gain for the surrogate. Indirect or disguised payments, such as paying a surrogate’s mortgage or credit card bills, are also considered illegal under the AHRA.
The development of the AHRA was informed by the 1993 report of the Royal Commission on New Reproductive Technologies, as well as consultations with health professionals, researchers, ethicists, and individuals affected by assisted human reproduction. The Act is guided by several key principles, including prioritizing the health and well-being of children born through AHR, protecting the health, safety, dignity, and rights of individuals affected by these technologies (with a specific emphasis on women), ensuring free and informed consent, prohibiting discrimination against those using AHR, and criminalizing the commercial trade and abuse of reproductive capabilities.
While the federal government establishes the overarching legal framework through the AHRA, provincial and territorial governments oversee surrogacy agreements and the establishment of parental rights. The validity of a surrogacy agreement is governed by the laws of the province where the contract is signed.
After the birth of a child through surrogacy, intended parents typically undergo a parentage declaration process to be recognized as the legal parents. However, this process and the requirements vary significantly across different provinces and territories.
In some jurisdictions, a court order is required, while others offer an administrative process. Notably, some provinces may initially list the surrogate’s name on the birth certificate, requiring further legal steps to establish the intended parents as the sole legal parents. In cases where there is no genetic link between the child and at least one of the intended parents, adoption may be necessary in some provinces.
Given the complexities of Canadian fertility laws, it is strongly advised that all parties involved in a surrogacy arrangement, both intended parents and surrogate mothers, consult with a qualified fertility lawyer early in the process. It is also imperative that a surrogate mother receive independent legal advice on the surrogacy agreement before embryo transfer or insemination to ensure she fully understands her rights and obligations. Reputable fertility clinics in Canada will generally not proceed with an embryo transfer without confirmation that the surrogate has received independent legal counsel.
Despite the legal restrictions on commercial surrogacy, the practice of surrogacy has been increasing in Canada over the past two decades. This rise is attributed to factors such as increasing infertility rates and same-sex couples choosing to have children. Canada has also become a popular destination for international intended parents due to its high-quality universal healthcare and relatively liberal regulations compared to some other countries. While it remains illegal under the AHRA for Canadians to pay a surrogate, Canadian surrogates may legally accept payment from international intended parents provided the transaction occurs outside of Canada.
Canada is more expensive than many couples initially think. Total cost may be about $90,000 USD if everything goes well with the first IVF cycle and your surrogate gets pregnant right away.
It is forbidden to benefit commercially from surrogacy in Canada, but the surrogate is allowed to receive reimbursements for expenses.
The law in Canada does not define what are the eligible expenses and there is no limit, and enforcement of the restriction on expenses has been very loose. In practice a contract with the surrogate defines eligible expenses at between $ 25,000 – $30,000 USD.
If the surrogate is a demanding, experienced surrogate she may ask for extra benefits, like therapy, organic food, wellness, loss of wages, etc. . Medications also may not be included in initial clinic proposals, which can be quite expensive.
The total cost of surrogacy is about the same in Canada as the US if you subtract the surrogates compensation. Here’s a general breakdown of the budget:
So the total cost is typically costs $80,000 to $120,000 Canadian dollars for a program that includes one IVF cycle and an initial embryo transfer. Additional embryo transfers are between $3000 – $5000 for each attempt.
Medical costs for the surrogate and the baby are a mixed bag. All the care of the surrogate before and after childbirth is covered by social security. But the care of the baby after the birth is the responsibility of the parents and all newborns will require medical insurance no regardless of the province of Canada you engage in. Rates of hospital care for a baby are about $1200/day.
Compare the this with the cost of surrogacy in other international destinations.
Surrogacy in Colombia is gaining popularity, especially among LGBT couples and single parents looking to grow their families. This trend is driven by Colombia’s supportive legal framework, low fees and excellent national health service. The country supports this with marriage equality and LGBT+ adoption rights, demonstrating its commitment to inclusivity. Cost of Surrogacy in Colombia: $65,000 to $75,000, including “Guarantee” programs.
Surrogacy in Mexico substantially changed in late 2021 when the Supreme Court declared it a protected medical procedure. As a result, not only is surrogacy legal and supported in most Mexican states, but the intended parents can often be listed on the birth certificate of their surrogacy babies immediately upon the birth. Cost of surrogacy in Mexico: $75,000 with your existing embryos, to $85,000 with IVF.
The U.S. is the international gold standard for surrogacy, and has the most advanced IVF clinics worldwide. The U.S. is expensive, but the higher price tag comes with many conveniences and assurances. Cost of surrogacy in the United States: $145,500 up to $175,500, not including egg donor.
Canada is renowned for its universal healthcare system, designed to provide coverage to all Canadian citizens and permanent residents. Generally, eligibility requires being a permanent resident, an authorized refugee, or a non-resident who has been in Canada for at least six months.
Canada’s healthcare system is decentralized, with each province and territory responsible for administering healthcare services. Some studies suggest that provinces like British Columbia, Ontario, and Quebec have the best overall healthcare systems, while more remote territories may face greater challenges.
For individuals pursuing surrogacy in Canada, the comprehensive nature of the healthcare system is a significant advantage. Surrogate mothers, as residents of Canada, are generally covered for the medical aspects of their pregnancy under their provincial healthcare plan. This includes prenatal care, the delivery itself, and any necessary post-natal care.
Available health care for the surrogate is particularly attractive to international intended parents, who may face exorbitant medical costs in their home countries. The high quality of Canada’s universal healthcare is often cited as a key reason for its popularity as an international surrogacy destination.
In the context of surrogacy, the quality of healthcare available to both the surrogate mother and the resulting child is paramount. Canada’s commitment to universal healthcare provides a foundational level of assurance regarding medical care throughout the surrogacy journey.
Canada has established itself as a country with strong legal protections and societal acceptance of LGBT rights. Given its strong framework of LGBT rights and protections, Canada has become a welcoming destination for LGBT individuals and couples seeking surrogacy.
The legalization of same-sex marriage nationwide in 2005 was a landmark achievement. Prior to this, same-sex sexual activity was decriminalized in 1969, and significant steps were taken throughout the late 20th and early 21st centuries to grant equal rights to LGBT individuals.
Discrimination based on sexual orientation has been prohibited federally since 1996, with many provinces enacting similar protections even earlier. Furthermore, gender identity and expression were added as prohibited grounds of discrimination federally in 2017, with provincial and territorial human rights legislation following suit. These human rights acts prohibit discrimination and harassment in various areas, including employment, housing, and public services.
Canada has also taken significant steps to protect LGBT youth and prevent harmful practices. Conversion therapy has been criminalized under federal law since 2022, building upon earlier bans at the provincial and municipal levels.
In terms of family rights, equal adoption rights for same-sex couples have been in place across all provinces and territories since 2011. This ensures that LGBT couples have the same legal avenues to parenthood as heterosexual couples.
The legal recognition of diverse family structures is also evolving, with some provinces allowing for more than two legal parents in certain circumstances. Furthermore, parentage laws in some provinces have been revised to use more inclusive language for same-sex couples involved in surrogacy.
The fact that Canadian surrogacy laws do not discriminate based on marital status or sexual orientation further contributes to its appeal for LGBT intended parents from around the globe. The legal and social acceptance of LGBT families in Canada provides a supportive and secure environment for those pursuing surrogacy as a path to parenthood.
Canada enjoys a reputation as a safe and welcoming country for both residents and tourists. It was ranked as the world’s safest country for travel in 2024. While it is important to maintain vigilance, Canada is generally considered to have lower crime rates compared to its southern neighbor, the United States.
Most large cities in Canada, like cities worldwide, experience some level of crime. However, Canada is generally considered one of the safest countries. Some commentary suggests being cautious in certain urban areas, such as the core of Ottawa, due to issues with street crime. However, these perspectives are often countered by the experiences of residents who report feeling safe and highlighting the helpfulness of Canadians. Major cities like Toronto are also generally considered quite safe despite their size.
For tourists and intended parents visiting Canada for surrogacy arrangements, the overall security and stability of the country offer peace of mind. The rule of law is firmly established, ensuring that everyone has the same rights regardless of their background. Discrimination is generally low and continues to decrease. The police are considered protective and not corrupt, although adherence to Canadian laws is expected. Strict regulations are in place regarding firearms, with handguns and assault weapons being illegal.
In the context of surrogacy, the emphasis on safety extends to the well-being of all parties involved. The principles underlying the AHRA prioritize the health and well-being of children born through assisted reproduction. The Act also emphasizes the protection of the health and safety of individuals affected by AHR technologies, particularly women acting as surrogate mothers.
The requirement for free and informed consent and the minimum age for surrogates are further measures aimed at ensuring safety and preventing exploitation.
The combination of a generally safe environment, a stable political system, and a strong commitment to the well-being of its citizens makes Canada an attractive and secure destination for individuals and couples pursuing surrogacy.
For those parents who decide to continue and navigate the surrogacy process independently, here are some initial steps…
There are some surrogacy agencies in Canada that attempt to navigate a very fine line between providing surrogacy services and just offering “consulting” services that don’t actively participate in the surrogacy process. These agencies have a history of running afoul with the government, and many have ongoing litigation or previous fines. All future parents should carefully research any agency or service provider for a history of unlawful activity.
Surrogacy in Canada is legal but restricted, with the various provinces handling most of the bureaucracy. The law permits altruistic surrogacy only, which means surrogates cannot be paid more than out-of-pocket expenses. Agencies are not legally permitted to professionally match surrogates with future parents or charge money for managing a surrogate’s cycle or pregnancy. That said, several “consultancies” often carefully navigate the laws to provide agency-type services.
Surrogacy in Canada costs about $90,000 CAD. That price is much lower than surrogacy in the USA, but somewhat more expensive than legal programs in Ukraine or Colombia. Savings can be attributed to lower Agency Fees (agencies are technically illegal in Canada) and lower surrogate compensation.
IN 2019 authorities announced changes to the AHRA Act, which regulates surrogacy in Canada. The changes will eliminate financial incentives for surrogates , which may make it more difficult to find surrogates in Canada.
‘Sensible’ offers complete surrogacy services to manage your entire surrogacy journey, or to help you manage your own. We provide agency-type services in the U.S. but for lower costs. Our focus on transparency, security and low-cost is changing the way that childless couples complete their families!
Bill Houghton is the founder of Sensible Surrogacy, author of the Sensible Surrogacy Guide, 2x surrogacy dad, and a dedicated advocate for secure, legal and ethical Gestational Surrogacy. Read Bill's Biography
Sara Cohen is a fertility law lawyer based in Toronto, with clients throughout Canada. Sara is the founder of Fertility Law Canada and a partner at D2Law LLP where her practice is exclusively devoted to fertility law.
Bill Houghton is the founder of Sensible Surrogacy, author of the Sensible Surrogacy Guide, 2x surrogacy dad, and a dedicated advocate for secure, legal and ethical Gestational Surrogacy. Read Bill's Biography
Sara Cohen is a fertility law lawyer based in Toronto, with clients throughout Canada. Sara is the founder of Fertility Law Canada and a partner at D2Law LLP where her practice is exclusively devoted to fertility law.
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