Canada is often considered by intended parents looking internationally for surrogacy, but the Canadian system is different from commercial-surrogacy models found in some other jurisdictions.
Surrogacy itself is permitted in Canada, but federal law prohibits paying, offering to pay or advertising payment to a woman to act as a surrogate. A surrogate may instead be reimbursed for qualifying expenses connected with the surrogacy under federal rules.
International intended parents also need to consider a second layer of law: parentage and birth-registration rules are provincial or territorial. The process can therefore differ depending on where in Canada the surrogate lives and gives birth.
Can International Intended Parents Pursue Surrogacy in Canada?
Canada does not have a general federal rule restricting surrogacy to Canadian intended parents. However, an international journey must comply with Canada's federal assisted-reproduction law, the parentage law of the relevant province or territory, fertility-clinic requirements, and the intended parents' home-country rules.
Before entering an arrangement, obtain independent Canadian legal advice in the relevant province and advice in the country where you plan to return with the child.
Canada Uses an Altruistic Surrogacy Model
Under section 6 of Canada's Assisted Human Reproduction Act, it is illegal to pay, offer to pay or advertise that payment will be made to a woman to act as a surrogate. Health Canada also states that paying a third party to arrange a surrogate's services is prohibited.
This does not mean surrogacy itself is illegal. Health Canada explains that a woman may act as a surrogate for altruistic reasons, without financial or other gain.
Health Canada also states that it is illegal to advise or persuade a woman to become a surrogate, or perform a medical procedure to help her become one, where the person knows or should know that she is under 21.
What Surrogacy Expenses Can Be Reimbursed?
A Canadian surrogate can be reimbursed for qualifying out-of-pocket expenditures connected with the surrogacy. Health Canada says reimbursement under the Assisted Human Reproduction Act requires receipts for eligible expenditures, subject to the regulations. Reimbursement is different from paying a fee for being a surrogate.
International intended parents should establish a compliant reimbursement process with Canadian legal advice before expenses begin.
Finding a Surrogate in Canada
Canada's prohibition on commercial payment also affects matching. Health Canada states that paying or accepting consideration for arranging a surrogate's services is prohibited. This makes it important to understand exactly what any professional service is charging for and to obtain Canadian legal advice before paying fees connected with matching.
Intended parents can browse surrogate mother profiles on SurrogateFinder, but any Canadian arrangement and related payments must comply with Canadian law.
Why the Province or Territory Matters
Federal law governs important assisted-human-reproduction restrictions, but parentage is addressed under provincial and territorial law. Rules for agreements, post-birth consent, birth registration and recognition of intended parents are therefore not identical across Canada.
For example, Ontario's Children's Law Reform Act contains specific surrogacy provisions. In qualifying arrangements, the surrogate's consent to relinquish entitlement to parentage cannot be provided before the child is seven days old, and the Act states that a surrogacy agreement is not itself enforceable but can be evidence of the parties' intentions.
British Columbia has a different statutory framework. Its Family Law Act provides rules for determining parentage in surrogacy arrangements and requires, among other things, a written pre-conception surrogacy agreement and the surrogate's written post-birth consent for the statutory route described by the Act.
These examples show why advice needs to be province-specific rather than simply advice about “Canadian surrogacy.”
The Surrogacy Agreement
A carefully prepared agreement is an important part of a Canadian journey even though its legal effect depends on provincial law. It can record intentions, responsibilities, expense arrangements, decision-making expectations and the planned post-birth process.
The surrogate and intended parents should receive independent legal advice. International intended parents should also have the Canadian arrangement reviewed in light of their home-country law.
Fertility Treatment and Embryo Planning
Confirm early which Canadian fertility clinic will provide treatment and what medical, screening and consent requirements apply. If embryos, sperm or ova will cross an international border, obtain advice about clinic procedures and applicable Canadian assisted-reproduction rules before arranging shipment.
You can explore fertility clinics listed on SurrogateFinder while researching professional support.
What Happens After the Baby Is Born?
The post-birth process depends on the province or territory. It can involve birth registration, required consent from the surrogate and documents establishing the intended parents' legal parentage.
Do not assume that the names intended for the birth certificate will automatically be accepted simply because they appear in the surrogacy agreement. Confirm the process with a lawyer in the province where the birth will occur.
See what happens after a surrogate gives birth for the wider post-birth stage.
Will a Baby Born in Canada Be a Canadian Citizen?
A child born in Canada is generally a Canadian citizen at birth. There are limited exceptions, including certain circumstances involving a parent with diplomatic privileges or specified foreign-government or international-organisation roles. The exception may not apply where the other parent was a Canadian citizen or permanent resident when the child was born.
International intended parents should separately check whether the child also acquires their own nationality or can be registered for it. Canadian citizenship does not automatically answer citizenship, immigration or parentage questions in another country.
Getting a Canadian Passport for the Baby
A Canadian child needs their own passport to travel on a Canadian passport. Current Canadian guidance requires proof of the child's Canadian citizenship and proof of parentage or legal guardianship, together with the other application requirements.
For a child born in Canada, a provincial or territorial birth certificate can serve as proof of Canadian citizenship for the passport application. Since November 5, 2024, proof of parentage is required with every child passport application. All parents or legal guardians should participate in and sign the application, subject to the applicable legal circumstances.
Documents submitted for a Canadian child passport must be in English or French, or accompanied by an official translation where required.
Taking the Baby Back to Your Home Country
A Canadian passport solves only the Canadian travel-document side of the journey. Before departure, establish what your home country requires for the baby to enter and remain there and whether it recognises the Canadian parentage documents.
You may need citizenship registration, a passport from your own country, a visa or entry clearance, additional parentage evidence, or a later court process at home.
Read Citizenship and Passports After International Surrogacy and Bringing a Baby Home After International Surrogacy before planning return travel.
Documents International Intended Parents Should Prepare
- Current intended-parent passports and birth certificates.
- Marriage or civil-status documents where relevant.
- The Canadian surrogacy agreement.
- Clinic, treatment and embryo records.
- Expense receipts and reimbursement records.
- Documents required under the province's parentage process.
- Post-birth surrogate consent where required.
- The baby's provincial or territorial birth certificate.
- Canadian passport application documents.
- Home-country citizenship, immigration and parentage documents.
- Official translations where required.
For a more detailed list, use our International Surrogacy Documents planning checklist.
What Does Surrogacy in Canada Cost?
“Altruistic” does not mean cost-free. Although paying a surrogate for her services is prohibited, intended parents can still face substantial costs for fertility treatment, legal advice, permitted reimbursements, screening, insurance considerations, travel, accommodation, documentation and post-birth arrangements.
International families should also budget for exchange-rate changes, repeated travel and an extended stay after birth if documentation takes longer than expected.
See International Surrogacy Costs: What Should Intended Parents Budget For?.
Potential Advantages and Practical Limitations
Reasons Families Consider Canada
- Lawful altruistic surrogacy within a federal framework that prohibits commercial surrogate payment.
- Established fertility services in major Canadian centres.
- Provincial legal frameworks that address parentage and assisted reproduction.
- A child born in Canada will generally acquire Canadian citizenship at birth, subject to limited exceptions.
Challenges to Plan For
- Finding a surrogate in an altruistic system can take time.
- Payment and matching restrictions need careful compliance.
- Parentage rules differ between provinces and territories.
- International intended parents must satisfy both Canadian requirements and their home-country rules.
- Post-birth paperwork can affect how long the family remains in Canada.
Questions to Answer Before Choosing Canada
- Which province or territory will govern the arrangement and birth?
- What parentage process applies there?
- Has each party received independent legal advice?
- How will permitted reimbursements be documented?
- Which fertility clinic will provide treatment?
- How will embryos or reproductive material be handled if coming from abroad?
- What birth-registration documents will be required?
- Who can apply for the child's Canadian passport in your circumstances?
- What citizenship or immigration status will the child have in your home country?
- How long should you budget to remain in Canada after birth?
For broader country-selection planning, read International Surrogacy: What Intended Parents Should Consider Before Choosing a Country.
Finding Support in Canada
SurrogateFinder is a matching platform rather than a law firm, immigration adviser, medical provider or surrogacy agency. International intended parents can search surrogate mother profiles, find surrogacy agencies and explore fertility clinics.
Before entering a Canadian arrangement, obtain independent legal advice about federal law, the relevant province or territory, and the country where you intend to live with the child.
Related SurrogateFinder Guides
- International Surrogacy: What Intended Parents Should Consider Before Choosing a Country
- International Surrogacy Costs: What Should Intended Parents Budget For?
- International Surrogacy Documents: A Planning Checklist
- Citizenship and Passports After International Surrogacy
- Bringing a Baby Home After International Surrogacy
- How Long Does the Surrogacy Process Take?
Frequently Asked Questions
Is surrogacy legal in Canada for international intended parents?
Surrogacy itself is permitted in Canada, and federal law does not create a general Canadian-residency requirement for intended parents. The arrangement must comply with federal payment restrictions, applicable provincial or territorial parentage law and the intended parents' home-country rules.
Can you pay a surrogate in Canada?
No. Federal law prohibits paying, offering to pay or advertising payment to a woman to act as a surrogate. Qualifying surrogacy-related expenditures may instead be reimbursed in accordance with federal rules.
Can a Canadian surrogate be reimbursed for expenses?
Yes, qualifying expenditures can be reimbursed under the Assisted Human Reproduction Act and its reimbursement regulations. Records and receipts are important.
Is a baby born through surrogacy in Canada a Canadian citizen?
A child born in Canada is generally a Canadian citizen at birth, subject to limited exceptions such as certain situations involving diplomatic privileges.
Can international intended parents get a Canadian passport for the baby?
A Canadian child can apply for a Canadian child passport, but the applicant must satisfy passport requirements including proof of Canadian citizenship and proof of parentage or legal guardianship.
Are Canadian surrogacy laws the same in every province?
No. Federal law governs matters such as prohibited payments, while legal parentage and birth-registration processes are governed provincially or territorially.
Important Note
This article provides general information and is not Canadian or foreign legal, immigration, nationality, tax or medical advice. Surrogacy, parentage, reimbursement, citizenship and passport rules can change and depend on individual circumstances. Obtain current independent advice before entering an arrangement.