Legal Rights of Surrogates in Canada: What You Should Know

Introduction

Understanding your legal rights as a surrogate in Canada is crucial before beginning your journey. While surrogacy is legal, there are strict guidelines under the Assisted Human Reproduction Act (AHRA) that must be followed. At Surrogacy4All, we ensure every surrogate is protected by law and backed by independent legal support at every step.

1. Altruistic Surrogacy in Canada

Canadian law permits only altruistic surrogacy, meaning you cannot be paid for being a surrogate, but you can be reimbursed for all eligible expenses. Commercial surrogacy (paying a fee) is not allowed and can result in legal penalties. Surrogacy4All ensures all expenses are documented and legally compliant.

2. The Importance of a Legal Contract

Every surrogacy arrangement must be governed by a written contract between the surrogate and the intended parents. This document outlines:

• Each party’s rights and responsibilities
• Reimbursement procedures
• Medical and legal decisions during pregnancy
• What happens if complications arise

All contracts are drafted and reviewed by independent legal counsel for the surrogate.

3. Parental Rights and Birth Registration

After the child is born, legal parentage must be transferred to the intended parents. Depending on your province, this may involve:

• A declaration of parentage
• A birth certificate correction
• Legal representation in court (if needed)

Surrogacy4All coordinates this process to ensure a smooth handover.

4. Legal Protections for Surrogates

You have the right to:

• Free, independent legal representation
• Say no at any time before embryo transfer
• Receive full reimbursements
• Make decisions about your health during pregnancy
• Access legal remedies if agreements are not honored

5. Your Right to Reimbursement

While you can’t be paid, you can be reimbursed for real expenses such as:

• Medical visits and medications
• Maternity clothing and vitamins
• Travel, accommodation, and childcare
• Lost wages due to doctor-ordered rest

Surrogacy4All manages all receipts and reimbursements legally.

6. Surrogacy in Quebec and Provincial Differences

Surrogacy laws differ slightly between provinces. For example, Quebec does not currently recognize surrogacy contracts as enforceable. Surrogacy4All works only in provinces where surrogates are fully protected and ensures you’re matched with intended parents in legal jurisdictions.

7. Why Legal Representation Is Non-Negotiable

Even in friendly surrogacy situations, legal representation protects everyone involved. Surrogacy4All arranges legal counsel at no cost to you, ensuring:

• Clear documentation
• Fair terms
• Emotional peace of mind

Conclusion and Call to Action

Surrogacy is a generous and transformative journey, but it must be done right. Knowing your legal rights protects you and makes the experience more fulfilling. Surrogacy4All is committed to guiding you safely and legally every step of the way.

 1-212-661-7177
 info@surrogacy4all.com
 https://www.surrogacy4all.com/become-a-surrogate-in-canada