Legality of surrogacy in Canada

Is surrogacy legal in Canada?

• According to the Human Assisted Reproduction Act, surrogacy is legal in Canada.
• In Canada, two types of surrogacy are legal:
  • Traditional Surrogacy: This involves a woman providing her own egg to have a child for another person or couple, allowing them to become parents.
  • Gestational Surrogacy: This refers to a woman carrying a child with whom she has no genetic or biological relationship, with the aim of helping another person or couple become parents.

Is it legal to pay surrogate people in Canada?

• In Canada, it is not permitted to pay women to act as surrogates. However, surrogates can be reimbursed for reasonable expenses related to pregnancy, such as:
  • Maternity clothing
  • Pregnancy-related medications
  • Childcare expenses when necessary for medical appointments
  • Travel expenses to and from medical facilities
  • Lost income if a doctor recommends bed rest during pregnancy
• The law requires written receipts for reimbursement. While there is no specific list of reimbursable expenses for surrogates, it is essential to keep records.

Who can be a surrogate?

• Surrogate people in Canada must be at least 21 years old or older.
• An agent shall not act as an agent under pressure.
• Surrogates must have the mental capacity to sign surrogacy agreements.

Whose name will appear on the child's birth certificate?

• In Ontario, Canada, parents can have their names on the birth certificate of children born through surrogacy if the following conditions are met:
  1. There is a surrogacy agreement.
  2. Surrogate people have independent legal advice before signing surrogacy agreements and pregnancy, and
  3. Parents and surrogate people sign a consent document after childbirth.
• It's important to note that each province in Canada may have different laws regarding how parents can have their names on their children's birth certificates. In Quebec, for instance, surrogacy agreements are not recognized under the law, so most people do not pursue surrogacy in Quebec.