How does surrogacy work in Canada?

So…what’s the deal with gestational surrogacy?

Unlike in other parts of the world, surrogacy in Canada is entirely altruistic–meaning that intended parents cannot compensate a surrogate. The laws that govern surrogacy in Canada stem from the Assisted Human Reproduction Act, 2004 or the 'AHRA'. The law states quite clearly that any compensation of a surrogate could result in up to 10 years in prison and a fine of up to $500,000. Reimbursement of a surrogate’s costs (as outlined Health Canada’s guidance document) is considered acceptable.

In addition to altruism, the federal government stipulates that a surrogate must be over 21 years old. Many clinics and agencies will also have their own rules about who can be a surrogate (age, BMI, health conditions, etc.)

Gestational surrogacy requires IVF (in-vitro fertilization) where eggs are retrieved from a woman’s ovaries and sperm is provided by a man. The egg is fertilized by the sperm and, with luck, becomes a blastocyst that can be transferred to a surrogate at a later date. On the date of the transfer, the blastocyst is inserted into the surrogate via a small catheter.

Lastly, it is important to note that legal parentage is dependent on provincial laws. We’ve been advised that the best places in Canada to have a child born via surrogacy are Ontario or British Columbia. In these provinces, a birth registration is a relatively simple process. Other provinces have different processes and we recommend speaking to a lawyer before deciding on a particular surrogate.

To summarize, surrogacy in Canada is not a walk in the park. It has legal (both federal and provincial), medical, and significant financial implications. We know how much a blog like this would have helped us in our journey, so we hope we can pass this knowledge on to you.