Canada is a country we have been working with for sometime and we have excellent relationships with the fertility clinics, agencies and lawyers. It’s becoming ever more popular due to it being on a par with the UK in that surrogacy arrangements can only be altruistic as well as it being cost effective.

We herein provide a basic overview of a surrogacy arrangement in Canada . However, please note we are not Canadian lawyers so strongly recommend you contact us for a no obligation and complimentary meeting and if you choose this jurisdiction we would be happy to introduce you to our network of clinics and lawyers in Canada that we have worked with in the past.

Canadian surrogacy terms:

Surrogacy in Canada is available to UK intended parents and it is legal. The reasons people may choose this jurisdiction is that :

1. It permits the arrangement to governed by a legally binding contract ;

2. Its highly regulated ;

3. It’s got real synergy with UK law making harmonisation of the arrangements easier ; and

4. The intended parents names will appear on the birth certificate

This is not all though without restrictions and some risk of which you should be fully aware of. That legally the contract could be overturned by the court because as in the UK the birth mother only gives up her rights post birth. However , in Canada this can be done quickly and is not something we have experienced as an issue as a firm

Reasonable expenses

This like the UK is heavily regulated and advice should be taken on the level of expenses you pay to your surrogate . How much you should pay us something you need to contemplate legally and then written into the legally binding contract with your surrogate. Often these should be capped and carefully planned to fall in line with UK provisions to ensure that you can , upon returning , secure your parental order.
In Canada, it’s illegal to pay for the services of a surrogate mother or to purchase human sperm and eggs. Federal law allows only altruistic surrogacy in Canada, which means surrogate mothers cannot be paid more than out-of-pocket expenses.

We are often told that a benefit of Surrogacy in Canada is cost, which can be significantly lower than Agency-managed programs in the USA.

However , it should also be noted agencies are not legally permitted to professionally match surrogates with future parents. Agencies are also not legally permitted to manage the surrogate’s cycle and pregnancy for a fee. The result is that surrogacy in Canada is possible, but often takes months to find a qualified surrogate. The entire process may be somewhat less straightforward than a US program where a commercial Agency can handle the entire process.

Canadian law is very explicit, and is regulated by Bill C-6 (Assisted Human Reproduction Act). The act explicitly places the following constraints on surrogacy in Canada:

No person shall pay consideration to a female person to be a surrogate mother, offer to pay such consideration or advertise that it will be paid.

No person shall accept consideration for arranging for the services of a surrogate mother, offer to make such an arrangement for consideration or advertise the arranging of such services.

No person shall pay consideration to another person to arrange for the services of a surrogate mother, offer to pay such consideration or advertise the payment of it.

Immigration

Even though you will receive a birth certificate and passport how you bring your newborn baby home , should be part of your legal strategy. As they will not have a UK passport or leave to remain and there is a risk you could be denied entry . This advice comes within our surrogacy advice package and the options of how you bring your baby home, will be presented to you early on, the process does not have to be costly or complex , but being prepared avoids any delays or issues at that later stage.

Insurance

We also actively encourage our clients to understand and review their insurance options, regarding medical care for their baby, during birth and should after-care be required in Canada. Understand early on the policies available, costs and when your baby is and isn’t covered.