Canada has a long history with surrogacy, yet it has also been the subject of ongoing internal conflict. Public opinion has long been divided: some argue that women and intended parents should have full control over their reproductive rights, while others view surrogacy as degrading and even comparable to practices such as prostitution or child trafficking.
In 1993, government surveys revealed that many Canadians considered third-party reproduction and cloning to be unethical. This division has left intended parents without full legal protection in the rare event that a gestational surrogate might reconsider her decision though to date, no such cases have been reported.
To address these ethical and legal challenges, the Canadian Government consulted with health professionals, researchers, ethicists, and families who were using or considering assisted human reproduction. This collaborative process ultimately led to the Assisted Human Reproduction Act (AHR Act), which came into force in March 2004 and continues to shape Canada’s approach to infertility treatment and surrogacy.

The overall cost of a surrogacy journey in Canada depends on several variables. These include whether egg donation is required, the type of program selected at the assisted reproduction clinic and its location, as well as the province or territory where the surrogate resides (Canada is divided into ten provinces and three territories). Taking all these factors into account, and based on our past case histories, we can estimate that the average cost of a program including an egg donor, a surrogate, an assisted reproduction clinic, and full legal support is now around €140,000.

In 1989, the Canadian government asked the Royal Commission on New Reproductive Technologies to study recent advances in infertility treatments, such as in vitro fertilization. This work eventually led to the Assisted Human Reproduction Act (AHR Act), which became law in March 2004.
Since then surrogacy is legally permitted in Canada, though it remains subject to strict regulation. A woman who has given birth to her own biological children and wishes to carry a pregnancy for another family may legally become a surrogate. The Assisted Human Reproduction Act (AHRA), Canada’s federal law on the matter, sets out which activities are allowed and which are prohibited.
Surrogacy law in Canada establishes that every surrogacy journey must be guided by detailed contracts and legal agreements. These documents reflect the intentions of the parties and provide guidance throughout the process. They establish the rights, responsibilities, and expectations of the surrogate and intended parents, including matters such as confidentiality, parental custody and authority, the surrogate’s obligations before delivery, and the reimbursement of expenses.
Canada also follows the principle of jus soli: any child born on Canadian soil automatically acquires Canadian citizenship and, consequently, a Canadian passport at birth. This is an advantage for intended parents when returning home. Furthermore, in accordance with the nationality laws of their home country, the child may also later obtain the citizenship of the intended parents.

The Assisted Human Reproduction Act (AHRA) strictly prohibits paying a surrogate, paying third parties to arrange surrogacy, or providing indirect payments such as covering mortgages or tuition. Any compensation or offer of compensation to a woman acting as a gestational surrogate is prohibited by law and subject to severe penalties, including fines of up to CAD 500,000, imprisonment for up to ten years, or both. It is also illegal to encourage or assist a woman under 21 to become a surrogate. While surrogates may be reimbursed for reasonable, pregnancy-related expenses, any commercial gain is a criminal offence. Surrogacy agreements must comply with both the AHRA and provincial legislation, making legal guidance essential for intended parents.

In Canada, legal parentage is granted by judicial decision. The process of recognizing the intended parents as the child’s legal parents depends on the province of birth and on whether there is a genetic connection to the child. One crucial aspect that is often overlooked is the possibility that the surrogate may decide to keep the child, even if an agreement has been signed. Unlike in the United States, Canada does not allow for a “pre-birth order” declaring parenthood before delivery. In such a case, the matter would most likely be decided by a judge, who would determine custody despite the genetic and contractual links between the intended parents (or parent) and the child.

Canada has a universal health care, but coverage after birth is a key consideration for international intended parents. While the public health system covers medical care for the surrogate and the baby throughout the pregnancy and delivery, it may not continue to cover the child once born. For this reason, intended parents must ensure they have appropriate health insurance in place to cover any medical expenses for the child after birth.

In Canada, surrogacy requires a written agreement, with the surrogate receiving independent legal advice paid for by the intended parents. While not all terms are enforceable, these agreements are legally required to reduce conflicts. There are no particular requirements for intended parents, other than complying with legal procedures. Canadian law also allows access to surrogacy programs without the need for the intended parents’ own genetic material.

The birth certificate records the first and last names of the intended parents.

Surrogacy law in Canada is recognized by law, although we do not recommend it as the first option for most intended parents. Many families assume Canada offers a cheaper alternative to surrogacy in the United States, but this is not the case. The Canadian legal framework is less robust than in the U.S., where enforceable contracts and pre-birth orders provide stronger protections and peace of mind.
Another challenge is that surrogacy in Canada is strictly altruistic. This means intended parents must rely on finding a surrogate willing to carry a child without compensation, beyond the reimbursement of pregnancy related expenses. For international intended parents, this often creates long waiting times, since surrogates are asked to help strangers from abroad solely out of generosity.
Historically, Canada played a significant role at a time when surrogacy was not widely available elsewhere. Today, however, there are many international destinations that provide more accessible options with faster matches, clearer legal safeguards and often lower costs. For these reasons, we believe surrogacy law in Canada is best suited for intended parents who reside in the country or already have strong local ties, rather than for those seeking an international surrogacy solution.

No. Under section 6 of the Assisted Human Reproduction Act (AHRA), any compensation or offer of compensation for a woman acting as a surrogate (beyond reimbursing reasonable, documented out-of-pocket costs) is illegal and subject to penalties.

Yes. It is a criminal offence to “counsel or induce” a woman under 21 to become a surrogate, or to perform medical procedures to assist her becoming one, knowing or having reason to believe she is under 21.

A surrogate in Canada may be reimbursed for expenses directly related to the pregnancy, including medical costs, travel, maternity clothing, and other pregnancy-related needs. All reimbursements must be documented with receipts. In specific cases, loss of income may also be reimbursed if a medical professional certifies that continuing to work would pose a risk, but this too must be supported by receipts and comply with regulations

No. The AHRA prohibits paying intermediaries for arranging surrogacy services, advertising such services, or accepting payment for matching services.

Yes. Canada follows jus soli (birthright citizenship), so a child born on Canadian soil automatically acquires Canadian citizenship and a Canadian passport at birth. This can help with travel and later dual citizenship, depending on the intended parents’ home country.