Surrogacy in Canada: A Guide for Intended Parents

Surrogacy in Canada| Surrogate Cost Canada| Canada Surrogacy Agency

Gestational surrogacy is a long and complex process where a woman carries and delivers a baby for another individual, who can be a single parent, gay couple, or childless hetero couple. In Canada, surrogacy is legal and has become a popular option for intended parents.  Surrogacy laws in Canada are different from those in the United States. In Canada, surrogacy is legal, but it is not commercialized. This means that it is illegal to pay a surrogate mother to carry a baby, and surrogacy contracts are not enforceable. Surrogacy in Canada is only allowed if the surrogate mother volunteers to carry the baby without any financial compensation other than reimbursement for medical expenses and loss of income during pregnancy.

 In this article, we will cover:

• Surrogacy in Canada- An overview
• Is surrogacy in Canada legal?
• How much does Surrogacy cost in Canada?
• FAQs about surrogacy in Canada
  

Surrogacy in Canada- An Overview

Surrogacy in Canada is legal, contrary to popular belief. However, only altruistic surrogacy is allowed, which ensures that parents do not pay any financial compensation to the surrogate mother.

Commissioning parents are obliged to reimburse the surrogate spent during the surrogacy, these are actual medical bills, travel costs, work loss, etc.

Surrogacy agencies in Canada are prohibited by law from arranging surrogate services for compensation or charging fees for overseeing the surrogate’s pregnancy or cycle. This means that each surrogacy arrangement in Canada must be conducted independently, in accordance with the law.

As an intended parent, your journey of surrogacy in Canada will be an exciting yet challenging one. Medical clinics will require you to sign an agreement between you and the surrogate before the embryo transfer.

Ontario Parentage Legislation provides that this agreement will be used as evidence that you want to be the parents of the child, not a surrogate mother. The agreement made will be suited to your goals and specific needs. There are a few more things to consider as intended parents. These include Birth registration and parentage declaration.

International surrogacy in Canada is allowed and foreigners, single males surrogacy, gay couples surrogacy, and hetero couples can come and hire a surrogate mother in Canada.

Gay Surrogacy in Canada

One great step for Canadian surrogacy is passing the “All Families are Equal Act”. This means now Ontario laws accept the legal status of all parents.  This is regardless of their sexual orientation, gender identity, or the way by which the baby’s conception was made.  This act is a great lifesaver for same-sex couples who are using surrogate mothers.  Now, they do not have to go through the adoption process to be recognized as the parents of their own babies.

There have been significant changes in the Ontario Parentage laws with effect from 2nd January 2017 when the “All Families are Equal Act” was passed and it has resolved various issues faced by the LGBT community.

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More resources for gay surrogacy:

Complete Gay Surrogacy Guide For LGBT Parenting in 2023

Surrogacy For Gay Couples Made Easy And Affordable

Legal Surrogacy for Gay Couples

IVF Conceptions Surrogacy Prices & Plans ( in 2023)

Benefits and Risks of Surrogacy in Canada

The benefit of surrogacy in Canada:

• Low-cost surrogacy –The cost of surrogacy in Canada is comparatively lower than that compared to the USA. In the USA an agency-used surrogacy cost is between $130,000 USD and $150,000, while in surrogacy clinics in Canada it is about $85000 CAD, which accounts for $75000 USD. This can be attributed to the low fees of the agency (which manages surrogacy with consultancy work) and low compensation for the surrogate. Canada also ensured national healthcare services that are provided to both surrogates. This ensures fewer medical fees during pregnancy and birthing.
• Foreign intended parents – In Canada, foreigners are allowed to participate in the surrogacy process.
• LGBT surrogacy allowed – Countries like Ukraine and Georgia allowed only heterosexual married couples to participate in the process of surrogacy, there is no such limitation in Canada. Gay surrogacy in Canada is allowed and it does not limit the people opting for surrogacy based on marital status.
• Fair in granting parent legal rights – In Canada, the intended parents can be declared as the legal parents without lots of hassle and can be issued the birth certificate in just a few weeks. The best surrogacy clinic in Canada provides Prenatal care services, a Surrogate House in Canada, and a Postnatal care lead-up.
• Neonatal Care – In surrogacy clinics in Canada, the neonatal care provided to the child is top-notch and is funded by the public entirely. However, the social security of the child does not cover the foreign citizen’s child. If the baby has to be put in an incubator or in ICU then parents have to bear the cost, which can go up to $1000 a day.

The Risks of surrogacy in Canada are-

1. Only altruistic surrogacy is allowed legally- Less surrogate availability and so there is a waiting list for surrogate mothers. Finding a Surrogate in Canada can take months to years.
2. Canadian surrogacy laws prohibit a surrogacy agency in Canada to match the surrogate mother with the intended parents. This means that inexperienced parents are left to find surrogates via online forums.  They are very much left to navigate themselves throughout the surrogacy journey.
3. Despite no surrogacy compensation for Canadian surrogates, the cost of surrogacy is much higher when compared to Eastern European countries like Georgia and Ukraine and Latin American countries like Colombia, Argentina, and Mexico.

Surrogacy in Canada for Foreigners

Canada is open to foreigners seeking surrogacy services. The country’s inclusive laws and regulations allow individuals and couples from around the world to pursue surrogacy within its borders.

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Is surrogacy legal in Canada?

Yes, surrogacy is legal, and per Canadian Surrogacy Laws, intended parents are not allowed to financially compensate the surrogate mother, so only altruistic surrogacy arrangements are supported.

Said this, surrogacy in Canada is legal but is restricted. There are some restrictions such as–

1. Surrogacy agencies in Canada are not allowed to charge money for regulating the process of surrogacy
2. Agencies cannot screen and provide matched surrogates to the parents.

However, there are certain fertility/surrogacy consultancies in Canada that provide agency types of services such as:

1. Introducing the intended parents to the qualified surrogate
2. Arranging the surrogacy contract with the help of the lawyer in private
3. Manage clinical services so as to provide medical assistance in case of surrogacy.

What are the requirements for surrogacy in Canada?

The requirements for surrogacy in Canada are governed by the Assisted Human Reproduction Act (AHRA) and include:

Altruistic surrogacy: In Canada, surrogacy must be altruistic.

Surrogacy agreement: A written agreement must be in place between the intended parents and the surrogate, which outlines the rights and obligations of all parties involved.

Surrogate eligibility: Surrogates must be at least 21 years of age and have had at least one successful pregnancy and delivery.

Medical and psychological screening: The surrogate must undergo medical and psychological screening to ensure she is physically and mentally capable of carrying a pregnancy to term.

Legal representation: All parties involved in the surrogacy arrangement must have independent legal representation to ensure that their rights and interests are protected.

Donor gametes: If donor gametes are used, the donors must undergo medical and genetic screening.

 Assisted Human Reproduction Act (AHRA)

AHRA is the act that governs surrogacy in Canada. It is a federal act constituted in 2004 and is applicable throughout Canada. Surrogacy is legal according to the act; however, any out-of-pocket payment is not allowed. Hence this act prohibits the following –

• Prohibit any payment to the surrogate of the egg/sperm donor
• It provides expenses to the surrogate in case of expenditure. One has to provide physical bills for reimbursement of the expenses.

According to AHRA, there are two types of surrogacies in Canada–

1. Traditional Surrogacy – The woman who carries the child has a biological connection to the child
2. Gestational Surrogacy – The woman who carries the child is not her biological mother.

Section 12 of the act provides for the reimbursements of the bills during the period of the surrogacy by providing physical bills for all the expenses. If the intended parents pay any other amount to the surrogate, they are liable for the punishment.

The punishment will range from a fine of $500,000 or imprisonment for up to 10 years. So, one must be mindful while reimbursing the amount. The bill for the following items can be

reimbursed –

• Legal fees
• Clothing bills
• Life insurance premiums
• Travel fees associated with medical appointments
• Parking fees associated with medical appointments
• Medical expenses not incurred by OHIP
• Any other expenses incurred during surrogacy.

Until the final decision by the government, any expense made for the surrogate that is too reasonable shall amount to reimbursement from the intended parents. A surrogate needs to be a minimum of 21 years old to be qualified as a surrogate. Otherwise, it is a punishable offense.

Parentage declaration and birth registration

Each province in Canada has its own laws and regulations about how birth is registered in Canada. The friendliest province as per intended parents per se is British Columbia and Ontario.

For the intended parents, it is of the utmost importance to decide where the childbirth must be done and this is decided before the embarkment of surrogacy.

Being a non-Canadian citizen, you must ponder upon the following things –

• The birth registration laws in which the child is born
• The parentage laws and citizenship of your own country.

In Ontario, birth registration allows the birth of the child can be registered under the name of four persons in case of surrogacy. This does not require an order of post-birth parental courts.

It is a written agreement with both the intended parents and the surrogate mother. The gestational carrier needs to sign the consent no earlier than 7 days of the birth, where she gives up her parentage and the intended parents can be legal parents of the baby.

Ontario Parentage Law

Read more here: http://familyandfertilitylaw.ca/new-parentage-law-ontario/) 

• If you are using a donor for surrogacy, then the donor does not qualify for being the parent.
• A parent does not qualify to be a parent by virtue of sex.
• In surrogacy, the birth can be registered in the name of four people and the gestational mother needs to sign the consent no earlier than 7 days before the birth.
• A surrogate agreement is used for 1) the intention of the intended parents to be parents of the child. 2) The intention of the surrogate is not to be a parent to the child.
• A post-birth order from the parentage court has to be taken if there is no preconception written in the agreement.
• A lesbian nonbirth parent does not need to adopt the partner’s child or pursue the parental order to be recognized as a parent.

How much does Surrogacy cost in Canada?

The cost of surrogacy cost in Canada is 80,000 CAD to 90,000 CAS, which is much less compared to the USA.

The surrogacy law in Canada does not specifically define what are eligible expenses for surrogacy.  However, anything that comes under the procedure of surrogacy and is very much reasonable will have to be reimbursed by the intended parents

The average cost of surrogacy in Canada might be $85000 CAD which accounts for $75000 USD. This is a base cost and it can go up to more if the surrogate does not get pregnant right away on the very first attempt. If the surrogate does not get pregnant with the first attempt, the additional embryo transfer will cost between anything around $3,000 to $5,000 for every attempt.

Practically, the surrogate is allowed to receive eligible expenses between $20,000 to $30,000 for the essentials and medical requirements during the procedure of surrogacy.

Also, she is eligible for the transportation cost from home to clinics and parking fees at the clinics as well. There are some medications that are prescribed in initial clinic proposals that might be very expensive and have to be borne by the intended parents

Here is the overview of surrogacy costs in Canada –

1. Fees of attorney are around $20,000
2. The compensation of the surrogate is around $30,000
3. Clinical Procedures is around $25,000
4. Donation of the egg is around $5,000 to $15,000
5. Travel, Parking, and clothing expense is around $5,000 to $10,000

The medical cost of the child and surrogate during the birth will be taken care of by the government under the National Healthcare Scheme and parents must pay almost nothing.

But after the birth of the child, taking care of the child is an expensive task that must be borne by the parents only.

Surrogate Cost in Canada 

Here’s a breakdown of the potential expenses:

Expense Description	Approximate Cost (CAD)
Agency and Legal Fees	$10,000 – $15,000
Surrogate Compensation	$20,000 – $25,000
Medical and Pregnancy-Related Costs	$20,000 – $30,000
Miscellaneous Expenses	$5,000 – $10,000

It’s important to note that the cost can vary, and it’s essential to consult with your chosen surrogacy agency to get a more accurate estimate.

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More topics on cheap surrogacy countries. 

Guarantee surrogacy baby in Ukraine Europe

Guarantee surrogacy baby in Georgia Europe

Guarantee surrogacy baby Colombia for single male or gay couples

Top 4 cheap surrogacy countries that would-be parents should know

Overseas surrogacy countries to consider.

Due to the above limitations, most of the intended parents who need surrogacy services, opt for surrogacy overseas.  Here are a few global surrogacy options that you can consider which are legally secure and affordable.

• All-Inclusive Guaranteed Baby Surrogacy Plan in Colombia for gay men surrogacy and single male surrogacy (Bogota) is $65,000

The surrogacy cost in Colombia for the guaranteed baby program (fixed-price programs with unlimited clinic & admin services) is $65,000. Surrogacy in Colombia is the most recommended for same-sex couples or single males due to the AFFORDABLE, LEGALLY SECURE, & ALL-INCLUSIVE GUARANTEED BABY PLAN. Almost 90% of cases, in this new destination, are gay couples who cannot afford high surrogacy costs in the USA.

Learn more: https://www.ivfconceptions.com/surrogacy-in-colombia/

• All-Inclusive Guaranteed Baby Surrogacy Plan in Georgia (Tbilisi) is $66,000

The surrogacy cost in Georgia for the guaranteed baby program (fixed-price programs with unlimited clinic & admin services) is $66,000.  Our surrogacy in Georgia program includes unlimited IVF with an egg donor and embryo transfer procedures to a surrogate mother until you have a healthy baby. This program is exceptionally in demand due to its low cost and live baby birth guarantee.  The cost is less than 50% of the typical USA surrogacy cost and is fully legally secure.   Available to married couples with more than one year of marriage.

Learn more:  https://www.ivfconceptions.com/surrogacy-in-georgia/

• All Inclusive Guaranteed Egg Donor Surrogacy in Mexico for all family types (Mexico City) is $66,900

The surrogacy cost in Mexico for the guaranteed baby program (fixed-price programs with unlimited clinic & admin services) is $67,000. We are proud to offer the most affordable, secure, and reliable surrogacy programs in Mexico City with the team having more than 13 years of experience in global surrogacy services.

With a new Supreme Court decision in 2021, surrogacy in Mexico is now one of the best options globally for singles and couples of all sexual orientations seeking to have a family through an affordable and legal surrogacy arrangement.

Learn more: https://www.ivfconceptions.com/surrogacy-in-mexico/

If any of the above programs suits you and you wish us to help you in your surrogacy parenthood journey, we are just a click away.  Or else, if you wish to discuss your specific gestational surrogacy case, contact us!

Stop postponing and start your journey Now! Together we can make parenthood possible!

If you’d like to learn more about IVF, Egg Donation, surrogate agency Canada, or surrogacy services globally, check out the rest of our website at IVF Conceptions. We offer legally secure and affordable surrogacy services to build families with love.

 

Information on international surrogacy laws organized in a table format:

Country	Eligibility for Surrogacy	Types of Surrogacy Allowed	Legal Protection for Intended Parents	Accessibility for Foreigners	Advertising for Surrogates
Australia	Altruistic surrogacy only	No donor or surrogate matching	Not applicable	Not applicable	Not legal
Canada	Altruistic surrogacy only	Not applicable	Not applicable	Altruistic surrogacy allowed	Not applicable
Greece	Heterosexual couples, single females	Not applicable	Not applicable	Foreign nationals allowed	Not applicable
Georgia	Heterosexual couples (including foreigners)	Compensated surrogacy	Well protected	Foreigners allowed	Not applicable
Ukraine	Heterosexual couples (including foreigners)	Compensated surrogacy	Well protected	Foreigners allowed	Not applicable
India	Indian citizens only	Commercial surrogacy allowed	Not applicable	Not applicable	Not applicable
Israel	Heterosexual Israeli citizens	Altruistic surrogacy only	Not applicable	Not applicable	Not applicable
Kenya	Locals and foreigners	Compensated surrogacy	Not legally protected	Not applicable	Not applicable
Laos	Foreigners only	Compensated surrogacy	Not legally protected	Foreigners allowed	Not applicable
Nigeria	Heterosexual Nigerian citizens	Altruistic and commercial surrogacy	Not applicable	Not applicable	Not applicable
South Africa	Heterosexual South African residents	Altruistic surrogacy	Not applicable	Not applicable	Not applicable
Thailand	Heterosexual Thai couples	Altruistic surrogacy only	Not applicable	Not applicable	Not applicable
UK	Not applicable	Altruistic surrogacy only	Not applicable	Foreigners cannot access	Not legal
USA	Gay and heterosexual foreigners	All forms of surrogacy	Well regulated	Foreigners allowed	Not applicable

 

FAQ about Surrogacy Agencies in Canada

Who can do surrogacy in Canada?