Legal Guide to Surrogacy in the USA and Canada

Surrogacy law can be confusing. Each province in Canada and each state in the USA has its own laws, and some are very different.

At Surrogacy4All, our network of lawyers makes sure that every family path is in line with local and global law, and that both parents and surrogates are protected with care and compliance.

Understanding U.S. Surrogacy Law

The United States operates with a state-by-state framework.

• Fully Legal and Enforceable: California, Illinois, Nevada, Connecticut, New York.
• Limited or Conditional: Florida, Texas, Oregon.
• Restricted or Banned: Louisiana, Michigan (in process of reform).

Our lawyer allies create state-compliant contracts and secure pre-birth orders where possible.

Understanding Canadian Surrogacy Law

Under Canada’s Assisted Human Reproduction Act (AHRA):

• Surrogates can only be reimbursed for costs (altruistic model).
• Payment to a surrogate directly is prohibited.
• The parties must each have their own independent legal representation.

Parentage laws are provincial. In Ontario and British Columbia, parentage can be registered shortly after birth; in Alberta or Quebec, declarations by the court may be needed.

Parentage Orders Explained

Parentage orders transfer the legal parental rights from the surrogate to the intended parents.

They could be pre-birth or post-birth, depending on the jurisdiction.

At Surrogacy4All, each case has a pre-approved legal plan — defining which kind of order is applicable and when it needs to be filed.

Citizenship and Documentation

Infants born in:

• 🇺🇸 USA: Gain automatic U.S. citizenship by birth.
• 🇨🇦 Canada: Gain Canadian citizenship by birth, even if parents are foreign nationals.

Foreign parents have to obtain travel documents through their native country’s embassy. Surrogacy4All’s legal team facilitates it with both local hospitals and embassies.

Real Case Example

“We were afraid of the legal documents, but our Surrogacy4All attorney took care of everything — from hospital authorization to passport delivery.”

— Diego & Aisha, Spain

Our staff ensured their baby’s U.S. birth certificate included both parents and facilitated expedited passports within two weeks.

Summary Table

Legal Step	USA	Canada
Surrogacy Model	Commercial	Altruistic
Parentage Timing	Pre-birth (varies)	Post-birth (varies)
Independent Legal Counsel	Mandatory	Mandatory
Citizenship by Birth	Yes	Yes
Court Involvement	Often	Always

Ready to start safely?

Contact our in-house legal coordinators for a free consultation at info@surrogacy4all.com.