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Posted on May 19, 2025

By Dr. Kulsoom Baloch

Navigating Surrogacy Laws Across Canadian Provinces

Introduction

Surrogacy laws in Canada are federally guided but enforced and interpreted differently across provinces. As a potential surrogate, it’s important to know your rights and legal standing depending on where you live. At Surrogacy4All, we help navigate these legal differences to ensure you’re always protected. Here’s what you need to know.

Understanding the Federal Framework

The Assisted Human Reproduction Act (AHRA) governs surrogacy in Canada:

  • Only altruistic surrogacy is legal (no payment beyond expenses)
  • Commercial surrogacy is prohibited
  • Reimbursements must be documented and reasonable
  • All parties must enter into written legal agreements

Beyond this, each province applies these rules slightly differently.

Province-by-Province Legal Overview

Ontario

  • Recognizes surrogacy contracts
  • Parentage can be transferred without court order
  • Strong protections for both surrogate and intended parents

British Columbia

  • Progressive surrogacy laws
  • Surrogacy agreement required but not enforceable for parentage
  • Parentage confirmed with consent of all parties at birth

Alberta

  • Surrogacy contracts are recommended
  • Parentage must be determined via declaration of parentage after birth

Quebec

  • Does not recognize surrogacy contracts
  • Parentage is determined by the birth mother unless contested in court
  • Surrogacy discouraged due to lack of legal clarity

Manitoba & Saskatchewan

  • Surrogacy is permitted with written agreements
  • Parentage is often confirmed post-birth with legal paperwork
  • Less streamlined than Ontario or BC

Nova Scotia, New Brunswick & Other Provinces

  • Surrogacy is legally allowed but varies in legal procedures
  • Parentage declarations may be required
  • Surrogacy4All helps facilitate legal counsel in each region

Why Legal Representation is Essential

Regardless of province, every surrogate should have independent legal advice. At Surrogacy4All, we ensure:

  • You receive fully paid legal counsel
  • Contracts are drafted to protect your rights
  • You understand all your obligations and entitlements
  • You are never pressured to continue without understanding the law

How Surrogacy4All Helps Across Provinces

  • We match you only with intended parents in legal jurisdictions
  • We coordinate with family lawyers familiar with provincial law
  • We ensure all contracts meet federal and local requirements
  • You have ongoing legal support throughout the journey

Conclusion and Call to Action

Surrogacy in Canada is legally protected, but each province handles it differently. As a surrogate, you deserve clear answers and full protection. Surrogacy4All offers legal support tailored to your province, ensuring a safe, respectful, and legally sound journey.

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

Dr. Kulsoom Baloch

Dr. Kulsoom Baloch is a dedicated donor coordinator at Egg Donors, leveraging her extensive background in medicine and public health. She holds an MBBS from Ziauddin University, Pakistan, and an MPH from Hofstra University, New York. With three years of clinical experience at prominent hospitals in Karachi, Pakistan, Dr. Baloch has honed her skills in patient care and medical research.