Legal Guide to Surrogacy Contracts in Canada

Introduction

One of the most important steps in any surrogacy journey is the creation of a surrogacy contract. While Canada’s surrogacy model is altruistic, contracts remain essential for clarity, fairness, and legal security. They outline the expectations, responsibilities, and protections for both surrogates and intended parents.

In this blog, we’ll break down the role of surrogacy contracts in Canada, how they differ across provinces, what they typically include, and why having independent legal representation is non-negotiable.

Why Surrogacy Contracts Are Essential

Even though Canadian surrogacy is altruistic, contracts:

1. Clarify expectations for both surrogate and intended parents.
2. Outline reimbursements so surrogates are never left unpaid for eligible expenses.
3. Address sensitive issues, such as selective reduction, prenatal testing, and delivery arrangements.
4. Protect relationships by setting clear boundaries.
5. Assist courts when declaring legal parentage.

💡 Expert Quote:

“A surrogacy contract is not about mistrust. It is about clarity, transparency, and protecting the well-being of both the surrogate and the intended parents.” – Dr. Kulsoom Baloch

The Legal Landscape of Surrogacy in Canada

Surrogacy law is governed federally by the Assisted Human Reproduction Act (AHRA), but provinces control parentage laws. This means the legal enforceability of contracts varies:

• Ontario & British Columbia: Generally recognize surrogacy agreements and have supportive parentage laws.
• Quebec: Historically refused recognition, but reforms are underway to modernize.
• Alberta, Manitoba, Saskatchewan: Courts tend to accept contracts as evidence of intent.
• Atlantic Provinces: Case law is limited, but written contracts remain invaluable.

What Goes Into a Canadian Surrogacy Contract?

A strong contract covers:

1. Parties involved – surrogate, intended parents, partner/spouse if applicable.
2. Medical arrangements – fertility clinic chosen, embryo transfer, prenatal care.
3. Expense reimbursement – maternity clothing, travel, childcare, lost wages, vitamins, legal fees, etc.
4. Insurance coverage – health insurance, life insurance during pregnancy.
5. Decision-making – prenatal testing, abortion, selective reduction.
6. Birth plan – delivery arrangements, who attends, hospital preferences.
7. Parentage and custody – steps to ensure intended parents are recognized legally.
8. Confidentiality – what information can be shared publicly.

The Role of Independent Legal Counsel

Each party must have their own lawyer:

• Ensures the surrogate understands her rights and obligations.
• Prevents conflicts of interest.
• Helps with parentage applications after birth.
• Keeps everything compliant with provincial and federal law.

💡 Surrogacy4All ensures every surrogate has independent legal representation paid for by intended parents.

Case Study – Lina’s Story

Lina, 29, Ontario

Lina was nervous about entering surrogacy. She worried: what if the intended parents backed out? What if her expenses weren’t reimbursed?

Her lawyer walked her through every clause of the contract. Together, they added a clear reimbursement schedule and protections around prenatal testing decisions.

Nine months later, Lina delivered a healthy baby boy. She felt secure throughout the journey because she knew her rights were legally documented.

Testimonials

“My lawyer explained every clause in detail. I felt confident signing.” – Amira, BC

“The reimbursement section saved me stress—every cost was covered as promised.” – Sophie, Alberta

“I didn’t realize how important the birth plan section would be until delivery day. It made everything smoother.” – Emily, Ontario

Internal Linking Suggestions

• Understanding Altruistic Surrogacy in Canada
• Surrogate Compensation – What’s Reimbursed and What’s Not?
• Canadian Citizenship for Babies Born via Surrogacy

FAQs

Q: Are surrogacy contracts enforceable in Canada?

Ans. It depends on the province. They’re not always legally binding but remain critical as evidence of intent.

Q: Who pays for the surrogate’s lawyer?

Ans. Intended parents always cover the cost of independent legal counsel.

Q: What if disagreements arise?

Ans. Contracts include dispute resolution clauses to manage conflicts.

Q: Is a contract required even if we trust each other?

Ans. Yes. It protects both sides, regardless of the relationship.

Next Steps with Surrogacy4All

At Surrogacy4All, we ensure every surrogate and intended parent enters into a clear, fair, and legally sound contract. With the right protections, your journey will be smooth, transparent, and safe.

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