10 Key Sections You Need to Know About A Surrogacy Agreement in Canada Before Starting Your Journey
Growing your family through surrogacy is both a beautiful and deeply personal journey, but it’s also one that requires legal clarity from the very beginning to put your mind at ease.
In Canada, a well-drafted surrogacy agreement protects everyone involved, including intended parents, surrogates, and sometimes donors, and ensures you meet legal requirements under the Assisted Human Reproduction Act. At Flowerday Fertility Law, we guide you through every step of the legal process with clarity, compassion, and decades of experience in Canadian fertility law.
In this blog post, we’ll walk you through the 10 most important sections of a Canadian surrogacy agreement and why each one matters.
What Is a Surrogacy Agreement?
A surrogacy agreement is a written legal document that outlines the intentions, responsibilities, and expectations of all parties involved in a surrogacy journey in Canada. Unlike a traditional contract, a surrogacy agreement is not legally enforceable in court in the same way commercial contracts might be. However, it plays a crucial role in the legal process of establishing parentage, especially when seeking a declaration of parentage after the child’s birth.
Why You Need a Surrogacy Agreement in Canada
Surrogacy is legal in Canada, but it’s carefully regulated by Health Canada under the Assisted Human Reproduction Act (AHRA). A surrogacy agreement is not optional, it’s a crucial legal tool to:
- Clarify the intentions of all parties
- Comply with Canadian surrogacy laws
- Prevent misunderstandings during and after the pregnancy
- Support the establishment of legal parentage after the child’s birth
Whether you’re an intended parent, surrogate, or donor, this legal document sets the foundation for a safe, transparent, and respectful journey.
The 10 Key Sections of a Surrogacy Agreement
1. Parties & Intentions
This section identifies all participants, the intended parent(s), the surrogate, and sometimes the surrogate’s spouse or partner. It confirms that:
- The surrogate does not intend to parent the child
- The intended parents will assume full parental responsibility
Why it matters: Establishing intention from the start is vital to securing legal parentage and avoiding disputes later.
2. Medical Procedures & Fertility Planning
This outlines:
- Consent to fertility treatments and embryo transfer
- The clinic involved
- Number of embryos to transfer
- Medication and medical protocol agreements
Why it matters: Everyone should be fully informed and aligned on what the medical journey entails.
3. Reimbursement & Permitted Expenses
In Canada, surrogates cannot be paid, but intended parents may reimburse reasonable expenses. This section covers:
- Eligible costs (example: travel, maternity clothes, lost wages)
- Expense limits or caps
- Payment timing and process
- Record-keeping expectations
Why it matters: Staying compliant with Canadian surrogacy law keeps your journey ethical and legal.
4. Health & Lifestyle Commitments
This section reflects shared expectations about:
- Nutrition, supplements, and prenatal care
- Avoidance of alcohol, tobacco, cannabis, and recreational drugs
- Attendance at medical appointments
Why it matters: Clear lifestyle expectations support trust and the health of the pregnancy.
5. Pregnancy & Decision-Making
This addresses:
- Prenatal testing (example: NIPT and amniocentesis)
- Selective reduction or termination discussions
- Birth plan preferences
Why it matters: These are sensitive topics. Having aligned values and open conversations early helps avoid future conflict.
6. Legal Parentage & Birth Plan
Includes:
- Who will be named on the birth registration
- Whether a court declaration of parentage will be sought
- Roles at the hospital or birth centre
Why it matters: Proper legal planning makes for a smooth transition of care at birth.
7. Post-Birth Contact & Relationship
This optional section can include:
- Future contact expectations
- Photo updates, visits, or gifts
- Clear communication boundaries
Why it matters: Respecting everyone’s wishes and emotional needs helps maintain long-term harmony.
8. Confidentiality & Privacy
Outlines boundaries around:
- Social media sharing
- Public disclosure or media involvement
- Use of names and images
Why it matters: Protecting privacy builds a foundation of mutual respect during a vulnerable process.
9. Dispute Resolution
In the unlikely event of conflict, this section defines:
- How disagreements will be handled (example: mediation)
- Jurisdiction for legal issues
Why it matters: Planning ahead creates peace of mind and prevents escalation during emotional moments.
10. Acknowledgements & Independent Legal Advice
Each party confirms they:
- Understand the terms of the agreement
- Had the opportunity to receive independent legal advice (ILA)
- Are entering the agreement voluntarily
Why it matters: Courts take these acknowledgments seriously when reviewing legal parentage, they help ensure enforceability.
Legal Protection with Heart: How Flowerday Fertility Law Can Help Surrogates
A surrogacy agreement is more than paperwork; it’s the legal backbone of your family-building journey. At Flowerday Fertility Law, we help intended parents, surrogates, and donors navigate the legal process with warmth, professionalism, and clarity.
We’ve supported thousands of families with agreements that are legally sound and values-driven. Whether you want a traditional full-service experience or prefer to start online, our Plaid Fertility Law platform offers expert support with a modern, accessible interface.
Ready to Build Your Family Legally and Confidently?
Let’s make sure your surrogacy journey is safe, supported, and legally secure from day one.