Is Surrogacy Legal in My Province?

Introduction

Surrogacy in Canada is regulated at two levels:

1. Federally by the Assisted Human Reproduction Act (AHRA), which allows only altruistic surrogacy.
2. Provincially, where each province has its own laws on parentage, contracts, and recognition of surrogacy agreements.

For surrogates and intended parents, this dual system can be confusing. What’s legal in Ontario may differ significantly from Quebec or British Columbia. This guide breaks down surrogacy law province by province, focusing on the most common destinations: Ontario, Quebec, and BC, with insights into Alberta and others.

Federal Framework – The AHRA

The AHRA (2004) applies nationwide:

• Only altruistic surrogacy is allowed (no payment beyond reimbursement).
• Agencies cannot charge for matches beyond support/coordination.
• Surrogates can be reimbursed for expenses like medical costs, travel, childcare, and lost wages (with documentation).

However, parentage and birth registration are provincial responsibilities. That’s why contracts and recognition vary.

Surrogacy in Ontario

Ontario is one of the most surrogacy-friendly provinces in Canada.

Key Points:

• Surrogacy agreements are recognized.
• Parentage can be transferred quickly after birth through the courts.
• Both intended parents can be recognized on the birth certificate, including LGBTQ+ couples.
• Courts emphasize the “intent” of the parties in granting parentage.

💡 Expert Quote:

“Ontario offers one of the clearest and most supportive frameworks for surrogacy in Canada. It’s why so many families choose this province.” – Dr. Kulsoom Baloch

Surrogacy in British Columbia

BC is another favorable province for surrogacy.

• Surrogacy agreements are supported under the Family Law Act (2013).
• Parentage is determined at birth if there is a written agreement.
• Courts rarely dispute parentage if the contract is clear.
• Like Ontario, BC is popular for both Canadian and international intended parents.

Surrogacy in Quebec

For many years, Quebec was the most restrictive province in Canada.

• Surrogacy contracts were historically considered null and unenforceable.
• Parentage defaulted to the surrogate (birth mother).
• Intended parents had to go through lengthy adoption-like processes.

Recent Reforms

Quebec passed reforms in 2022 to modernize surrogacy recognition. The new framework:

• Recognizes surrogacy agreements made before conception.
• Requires independent legal advice for all parties.
• Parentage can now be transferred to intended parents more efficiently.

This has made surrogacy in Quebec more accessible, though it is still evolving compared to Ontario and BC.

Other Provinces – A Quick Overview

• Alberta & Manitoba: Supportive, with courts recognizing contracts and parentage.
• Saskatchewan: Case law supports intended parents if agreements are clear.
• Atlantic Provinces (Nova Scotia, New Brunswick, Newfoundland, PEI): Fewer cases, but courts generally supportive when agreements exist.
• Territories: Limited precedent, so legal advice is crucial.

Case Study – Emily in Ontario vs. Claire in Quebec

Emily, Ontario – Emily was a surrogate in Toronto. She signed a surrogacy agreement with intended parents, supported by her own lawyer. After delivery, a parentage order was granted within three weeks, and the birth certificate was reissued with the intended parents’ names.

Claire, Quebec – Claire carried for intended parents in Montreal. Under old laws, her contract was unenforceable. Parentage required a more complex legal process. Under the 2022 reforms, future surrogates in Quebec will have a smoother path, but at the time, Claire described it as “emotionally draining.”

“The difference between Ontario and Quebec was night and day. Ontario felt easy and respectful, Quebec was a battle.” – Claire

Testimonials

“We chose Ontario for our surrogacy journey because the legal system was straightforward.” – James & Sarah, UK Intended Parents

“In BC, our parentage was recognized at birth—it gave us so much peace of mind.” – Luis & Ana, Spain

“I live in Quebec and almost gave up on surrogacy until the reforms were passed. Now I feel hopeful for other women.” – Nadia, Quebec

Internal Linking Suggestions

• Understanding Altruistic Surrogacy in Canada
• Legal Guide to Surrogacy Contracts in Canada
• Step-by-Step: Bringing Your Baby Home from Canada

FAQs

Q: Is surrogacy legal everywhere in Canada?

Ans. Yes, but recognition of contracts varies by province.

Q: Which provinces are most supportive?

Ans. Ontario and BC are considered the most surrogacy-friendly.

Q: Can I be a surrogate in Quebec?

Ans. Yes, under new reforms, though the process is more complex than in Ontario or BC.

Q: Do all provinces recognize LGBTQ+ parents?

Ans. Ontario and BC explicitly do; others depend on court interpretation.

Next Steps with Surrogacy4All

Surrogacy4All guides surrogates and intended parents through the provincial variations of Canadian law. Whether you live in Ontario, Quebec, BC, or elsewhere, our legal partners ensure your rights and your baby’s parentage are secure.

👉 Apply Now    📞 Call 1-212-661-7177  📧 Email info@surrogacy4all.com