Canadian Surrogacy Laws & Regulations

Canadian Surrogacy Laws & Regulations

Understanding the legal side of surrogacy in Canada is just as important as planning for the financial side. Canada has clear federal rules under the Assisted Human Reproduction Act (AHRA), first introduced in 2004, and each province adds its own procedures for birth registration and parental rights. Here’s what parents need to know.

Assisted Human Reproduction Act (AHRA)

The AHRA is the federal law that sets the foundation for how surrogacy is managed across the country. It ensures the process remains ethical, safe, and supportive for both intended parents and surrogates.

What’s Legal

In Canada, the following are permitted under the law:

• Altruistic (non-commercial) surrogacy arrangements

• Reimbursement of pregnancy-related expenses

• Written legal contracts between surrogates and intended parents

• Use of one’s own gametes or donor eggs/sperm

What’s Prohibited

Certain actions are strictly prohibited to prevent the commercialization of surrogacy:

• Paying a surrogate for her services

• Advertising to recruit surrogates

• Acting as a broker or intermediary for payment

• Surrogacy arrangements for individuals under 21 (unless medically necessary)

Provincial Variations

While federal law sets the framework, provincial governments handle many practical aspects, including:

• How and when parental rights are legally recognized

• Birth certificate and registration procedures

• Healthcare coverage during pregnancy

• Licensing and professional requirements for doctors, lawyers, and agencies

Penalties

Breaking Canadian surrogacy laws carries serious consequences. Those found in violation may face:

• Fines of up to $500,000

• Jail time of up to 10 years

Final Thoughts

Canadian surrogacy law is designed to protect everyone involved—the surrogate, the intended parents, and the future child. By staying within the legal framework and working with professionals who understand both federal and provincial rules, you can ensure your journey is safe, transparent, and fully compliant.

Summary: What’s Legal vs. What’s Prohibited

References