Types of Surrogacy & Basic Guide for Canadians

In Canada, you’ll encounter two main surrogacy types: traditional surrogacy, where the surrogate is artificially inseminated with the intended father’s sperm, and gestational surrogacy, using IVF with no genetic connection to the surrogate. Canada’s Assisted Human Reproduction Act permits only altruistic surrogacy, prohibiting payment beyond documented expenses. You’ll need legal contracts before conception, with costs ranging from $60,000-$80,000 total. Understanding legal requirements, medical processes, and parental rights procedures guarantees that your surrogacy journey proceeds smoothly.

Understanding Traditional and Gestational Surrogacy in Canada

When you’re exploring surrogacy options in Canada, you’ll encounter two main types: traditional surrogacy and gestational surrogacy.

Traditional surrogacy involves artificially inseminating the surrogate with the intended father’s sperm, making her genetically related to the child. This method is less common and often occurs outside clinical settings.

Gestational surrogacy, the more popular option, uses IVF to create an embryo from the intended parents’ egg and sperm, which is then implanted in the surrogate. She carries the baby but has no genetic connection to it.

Most intended parents prefer gestational surrogacy because it establishes clear genetic boundaries and reduces potential emotional complications.

Both methods are legal under Canada’s Assisted Human Reproduction Act, though surrogates can’t receive payment beyond expense reimbursement.

Legal Framework and the Assisted Human Reproduction Act

If you’re considering surrogacy in Canada, you’ll need to navigate the country’s specific legal landscape governed by the Assisted Human Reproduction Act (AHR Act). This federal law establishes clear boundaries for surrogacy arrangements across the nation.

The AHR Act enforces three critical provisions:

Canada’s AHR Act mandates altruistic surrogacy, expense reimbursement, and legal contracts for all arrangements.

1. Altruistic surrogacy only – You can’t pay a surrogate for carrying your child.
2. Expense reimbursement permitted – You can reimburse documented expenses like maternity clothes, medications, and travel costs.
3. Mandatory legal contracts – You must establish agreements before conception with separate legal representation.

Provincial regulations add another layer of complexity. In British Columbia, contracts signed after conception require court applications post-birth.

You’ll face serious penalties for violating the AHR Act, including fines up to $500,000 and imprisonment. Legal consultation isn’t optional—it’s essential for protecting everyone involved.

Who Can Benefit From Surrogacy Arrangements

Several groups of people can pursue surrogacy arrangements in Canada to build their families.

Women who’ve undergone hysterectomy, face serious health conditions like diabetes or cancer, or risk pregnancy complications, can’t carry children safely. You might’ve experienced repeated miscarriages, unexplained infertility, or limited IVF success.

Advanced maternal age sometimes prevents conception or a safe pregnancy.

Same-sex couples, particularly male couples, need surrogacy to have biological children. Single men also require surrogates to become fathers.

Some people choose surrogacy for personal reasons, even without medical necessity.

If you’re facing any reproductive challenges—whether medical, biological, or circumstantial—surrogacy offers a path to parenthood.

Both gestational and traditional surrogacy arrangements accommodate diverse family-building needs, making parenthood accessible regardless of your situation.

Finding and Selecting a Surrogate in Canada

Most intended parents find surrogates through specialized agencies that handle the matching process professionally.

You can also ask a trusted friend or family member to be your surrogate, though this requires careful consideration of relationship dynamics.

When selecting a surrogate, you’ll need to verify she meets these essential qualifications:

1. Age and Experience: Must be at least 21 years old with at least one prior pregnancy without complications.
2. Health Status: Good physical, mental, and emotional health with no known medical problems that could affect pregnancy.
3. Screening Process: Must complete thorough medical and psychological evaluations before approval.

The matching process typically takes 6 months to a year, depending on your specific requirements.

Finding your ideal surrogate match requires patience—expect the process to take 6-12 months based on your needs.

You’ll review surrogate profiles, conduct interviews, and verify compatibility before moving forward with legal contracts and medical procedures.

Medical Process and Timeline for Surrogacy

Once you’ve selected your surrogate and completed the legal agreements, the medical process begins with thorough fertility assessments for both you and your surrogate. Your fertility specialist will conduct blood tests, ultrasounds, and psychological evaluations to guarantee everyone’s ready for the journey ahead.

For gestational surrogacy, you’ll undergo IVF to create embryos using your eggs and sperm, or donor gametes if needed. The embryo transfer typically occurs after your surrogate’s menstrual cycle is synchronized with medication.

Traditional surrogacy involves artificial insemination during your surrogate’s fertile window.

The entire process takes approximately 12 to 24 months from matching to birth. This includes initial screenings, legal contracts, fertility treatments, pregnancy, and delivery.

Each step requires careful coordination between your medical team, surrogate, and agency.

Financial Costs and Insurance Considerations

When you’re planning for surrogacy in Canada, you’ll need to prepare for significant financial costs that typically range from $60,000 to $80,000 for gestational surrogacy. Your budget should account for multiple expense categories beyond the basic medical procedures.

Here are the primary cost components you’ll encounter:

1. IVF procedures: $10,000-$20,000 per cycle
2. Surrogate expenses: $11,000-$28,000 for travel, medications, maternity clothes, and childcare
3. Legal fees: Up to $10,000 for contracts and parental rights documentation

Unfortunately, most insurance plans won’t cover surrogacy or fertility treatments.

While provincial health plans cover your surrogate’s birth-related medical expenses, you’ll pay out-of-pocket for everything else. If you’re an international parent, expect additional uncovered costs for NICU care or extended hospital stays.

Legal Requirements and Contractual Obligations

Three critical legal requirements govern surrogacy arrangements in Canada, and you’ll need to understand each one before proceeding with your journey.

First, you must sign legal contracts before conception begins. Both parties require separate legal representation to guarantee fair agreements. In British Columbia specifically, contracts signed after conception require court applications post-birth.

Sign surrogacy contracts before conception starts—both parties need separate lawyers for protection.

Second, financial compensation for surrogacy services is strictly prohibited under the Assisted Human Reproduction Act. You can only reimburse reasonable expenses like maternity clothes, medications, and travel with proper receipts.

Third, after birth, your surrogate must provide written consent to surrender the child as outlined in your contract. Neither party can withdraw once the baby’s born.

While surrogates typically relinquish all parental rights, BC law uniquely allows up to five legal parents per child.

Post-Birth Procedures and Parental Rights

Your surrogate’s written consent to surrender the child marks the beginning of several important post-birth procedures that establish your legal parentage.

You’ll need to complete specific legal steps depending on your province, as requirements vary across Canada. Neither you nor the surrogate can withdraw from the agreement after birth, guaranteeing stability for all parties involved.

Key post-birth procedures include:

1. Obtaining written consent – Your surrogate must formally relinquish custody as outlined in your contract.
2. Filing parentage declarations – You’ll submit the required documents to register as the child’s legal parents.
3. Completing birth registration – You’ll work with essential statistics to guarantee proper documentation.

BC law uniquely allows up to five legal parents, though most arrangements involve two.

You’ll receive guidance from your legal team throughout this process.

Conclusion

Your surrogacy journey in Canada requires careful planning, but you’re now equipped with essential knowledge to move forward. Whether you choose traditional or gestational surrogacy, you’ll need to navigate legal requirements, find the right surrogate, and prepare financially. Remember that Canada’s altruistic model means building genuine relationships with your surrogate. Take time to research fertility clinics, consult legal professionals, and connect with support groups who’ve successfully completed their surrogacy journeys.

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