Surrogacy in Canada is a legal and regulated path to parenthood governed by the Assisted Human Reproduction Act (AHRA)[1]. The process typically takes 12-18 months from start to finish[2], and involves medical, legal, and emotional steps to support everyone involved. This guide highlights the key phases, legal requirements, timelines, and success factors for those considering surrogacy.
Key Steps
- Initial Consultation: Meet with fertility clinic and legal counsel
- Sperm Testing: Comprehensive sperm analysis and genetic screening
- Donor Selection: Choose egg or sperm donor if needed
- Genetic Counselling: Review genetic risks and testing options
- Parent Counseling: Psychological evaluation and preparation
- Embryo Creation: IVF laboratory process to create embryos
- Surrogate Finding: Matching with suitable gestational carrier
- Surrogate Medical Clearance: Comprehensive health screening of surrogate
- Legal Agreements: Draft and finalize surrogacy contracts
- Embryo Transfer: Medical procedure and pregnancy monitoring
- Birth & Legal Finalization: Birth registration and parental rights
Legal Requirements
- Altruistic surrogacy only (no payment for services)[1]
- Surrogate must be 21+ years old[3]
- Independent legal representation required[4]
- Reimbursement of expenses allowed[1]
Timeline
Matching & Legal: 2-4 months
Medical Preparation: 1-2 months
IVF & Transfer: 2-3 months
Pregnancy: 9 months
Post-Birth Legal: 1-2 months
Key Success Factors
- Clear Communication: Open dialogue between all parties throughout the process[25]
- Legal Compliance: Strict adherence to AHRA requirements and provincial regulations[26]
- Medical Excellence: Working with experienced fertility clinics and specialists[27]
- Financial Planning: Comprehensive budgeting for all phases of the journey[28]
- Emotional Support: Professional counseling and peer support networks[29]
Understanding the complete surrogacy journey—from legal frameworks to medical steps—empowers intended parents and surrogates to navigate the process smoothly. With clear communication, professional guidance, and emotional support, families can build their futures successfully and confidently.
References
[1] Government of Canada. Assisted Human Reproduction Act (S.C. 2004, c. 2). Department of Justice Canada.
[2] Fertility and Sterility Canada. Surrogacy Timeline Guide. Canadian Fertility and Andrology Society, 2023.
[3] Health Canada. Assisted Human Reproduction Regulations. SOR/2019-192, 2019.
[4] Law Society of Ontario. Surrogacy Legal Requirements. Practice Guidelines, 2022.
[25] Canadian Fertility and Andrology Society. Best Practices in Surrogacy Communication. Clinical Guidelines, 2023.
[26] Health Canada. Compliance Guide: Assisted Human Reproduction Act. Regulatory Framework, 2022.
[27] Society of Obstetricians and Gynaecologists of Canada. Reproductive Technologies Standards. Medical Guidelines, 2023.
[28] Canadian Association of Social Workers. Financial Planning in Third-Party Reproduction. Practice Manual, 2022.
[29] Mental Health Commission of Canada. Psychological Support in Assisted Reproduction. Clinical Standards, 2023.