Surrogate Mothers and Fertility Law in Canada

It is legal to be a surrogate mother in Canada. Canadian federal legislation sets out the activities that are allowed and those that are restricted or prohibited. Learn more.

If a woman has had her own children and wishes to carry a child for another family, becoming a surrogate mother in Canada is a legal and viable option.

There are two different types of surrogacy, traditional and gestational. Both are governed by the Assisted Human Reproduction Act (the “AHRA”). This legislation allows a surrogate to be reimbursed solely for her reasonable out-of-pocket expenses related to the surrogacy. Currently, all of a surrogate’s reasonable out-of-pocket expenses incurred as a result of the surrogacy may be reimbursed as the federal government has yet to regulate this area.

Payment of compensation or an offer of compensation to a woman for acting as a surrogate, however, is prohibited and subject to serious penalty.

If you are considering acting as a surrogate, we will ensure that you understand the law, that your legal rights are protected in a comprehensive surrogacy agreement, and that you clearly understand your legal entitlements and obligations while helping another family grow.