Do You Need a Surrogacy Agency in Canada?

When intended parents decide to pursue surrogacy, one of their first questions is often whether they need to work with a surrogacy agency.

The short answer is no. 

Intended parents aren’t legally required to use a surrogacy agency in Canada. However, a reputable agency or fertility consultant can provide valuable education, coordination, administrative assistance, and ongoing support.

Some intended parents benefit greatly from having a consultant help them navigate the journey. Others successfully manage an independent surrogacy journey, particularly when they already know their surrogate. A third option is to build a customized team and retain professional help only for the parts of the journey they don’t want to manage themselves.

The right approach usually comes down to how much coordination you want to take on yourself, your timeline, and how much support you want along the way.

The difficulty is that many intended parents begin contacting agencies before they understand the complete process. They may not yet know what services they need, what questions to ask, or how Canadian surrogacy law affects the services being offered.

This is why it is helpful to speak with a fertility lawyer at the very beginning of your surrogacy journey, ideally before selecting an agency or signing a consulting agreement.

At Flowerday Fertility Law, I help intended parents understand their options, create a clear legal roadmap, and build the professional team that is right for them. That team may include a reputable surrogacy agency or fertility consultant.

Not sure where to start? Book a free consultation with Michelle Flowerday to build your surrogacy roadmap.

1. Understand the Complete Surrogacy Process in Canada

A Canadian surrogacy journey involves much more than finding a surrogate.

The complete process may include:

• deciding how you will search for a surrogate
• choosing a fertility clinic
• creating and sharing an intended parent profile
• determining whether a potential match is compatible
• completing medical screening
• participating in implications counselling
• preparing and reviewing the surrogacy agreement
• obtaining legal clearance before the embryo transfer
• managing reimbursements and supporting records
• planning for pregnancy, insurance, and unexpected circumstances
• preparing a hospital letter and birth plan
• confirming legal parentage after birth

When intended parents begin with a complete roadmap, they can see where an agency may add value and which responsibilities they may be comfortable managing themselves.

Without that understanding, it can be difficult to evaluate an agency’s services or compare different programs. Intended parents may pay for services they don’t need, overlook support they do need, or misunderstand which professional is responsible for an important stage of the journey.

At Flowerday Fertility Law, I explain the complete process before intended parents make those decisions, helping them determine what support they need and which professionals may be the right fit.

2. What Does a Surrogacy Agency Do?

The term “surrogacy agency” is commonly used in Canada, but most of these providers actually offer fertility consulting and surrogacy support services rather than acting as an agency in the traditional legal sense.

A reputable agency can make a complicated journey easier to manage. Depending on the services offered, it may assist with:

• educating intended parents about the surrogacy process
• helping intended parents create and share their profile
• supporting the parties as they navigate the matching process
• facilitating early conversations about compatibility and expectations
• coordinating clinic requirements, counselling, appointments, and timelines
• managing reimbursements and financial records
• supporting communication throughout treatment and pregnancy
• assisting with travel, birth, and postpartum planning
• providing practical and emotional support to the surrogate and intended parents

This support can be particularly valuable for intended parents who have limited time, live outside Canada, or want an experienced professional to help coordinate the journey. Some agencies provide support throughout the entire process, while others offer individual or unbundled services.

However, the quality of service varies considerably. The right agency can make a surrogacy journey easier, while the wrong one can create stress, conflict, and unnecessary expense and delays. Problems may arise when a potential surrogate hasn’t been properly assessed for readiness and compatibility, expectations haven’t been fully explored, communication is poorly managed, or concerns aren’t addressed after the parties have matched.

Medical screening is completed separately by the fertility clinic.

The agency’s consulting agreement is also important. Provisions dealing with cancellation, refunds, rematching, control of funds, limitations of liability, and termination of services can significantly affect intended parents if a match ends or the journey doesn’t proceed as expected. These terms should be understood before the agreement is signed and any fees are paid.

Red Flags to Watch For When Evaluating a Surrogacy Agency

Not every provider is a good fit, and the wrong one can add stress and cost to a journey that is already emotionally demanding.

Signs it’s worth pausing and getting legal advice before you sign anything include:

• a consulting agreement that doesn’t clearly spell out fees, refund terms, or what happens if a match doesn’t proceed
• fees that seem tied to “finding” or “securing” a specific surrogate rather than to consulting, administrative, or educational services
• no clear explanation of how reimbursement funds are held, tracked, or returned if unused
• reluctance to work with your own independent fertility lawyer or discouragement from getting independent legal advice
• pressure to sign a consulting agreement quickly, before you’ve had a chance to have it reviewed
• no clear process for handling concerns or communication problems if they arise after a match

If a clause in an agreement feels unclear, or you’re not sure whether a provision is standard, that’s exactly the kind of question a fertility lawyer can answer before you sign, not after.

After almost two decades working within the Canadian fertility community, I understand the differences among providers and the problems that can arise when an agency isn’t the right fit. I can help intended parents evaluate their options, review a proposed consulting agreement, ask informed questions, and connect with reputable professionals who support intended parents and surrogates responsibly.

3. Surrogacy Agency Laws in Canada: What the AHRA Allows

Canadian surrogacy is governed in part by the federal Assisted Human Reproduction Act (S.C. 2004, c. 2) (the “AHRA”).

Section 6 of the AHRA provides that:

• a person can’t pay a woman to act as a surrogate
• a person can’t accept consideration for arranging the services of a surrogate
• intended parents can’t pay consideration to another person to arrange those services

The law doesn’t prohibit intended parents and surrogates from matching. It prohibits payment for arranging the match.

Canadian surrogacy agencies and fertility consultants may provide paid consulting, administrative, educational, and journey-support services. Any fees charged must relate to those legitimate services rather than payment for arranging a surrogate’s services.

This distinction matters because contravening Section 6 is a criminal offence under Section 60 of the AHRA.

The purpose of raising this issue isn’t to discourage intended parents from working with an agency. It is to ensure that they understand the legal framework and know what they are paying for.

A reputable agency should be transparent about its services and fees, understand the AHRA, and work collaboratively with the intended parents’ fertility lawyer.

4. Why Speak with a Fertility Lawyer Before Choosing an Agency?

A fertility lawyer can help you understand the entire journey before you select other members of your team.

Early legal advice can help intended parents:

• understand what Canadian surrogacy law permits
• distinguish agency support from the independent roles of the clinic, counsellor, and lawyers
• identify the services they are likely to need
• decide how much coordination they can manage themselves
• understand how surrogate reimbursements work
• recognize cross-provincial or international considerations
• review the legal stages that occur before treatment and after birth
• evaluate a proposed consulting agreement
• ask more informed questions when comparing agencies
• obtain referrals to reputable professionals

This allows the intended parents to approach an agency consultation with a clearer sense of what they need.

It also creates a collaborative foundation. The lawyer, agency, clinic, counsellor, and other professionals can each perform their own role while working toward the same goal: a safe, supported, efficient, and legally compliant surrogacy journey.

At Flowerday Fertility Law, I help intended parents build that foundation before they sign a consulting agreement and commit to an agency. One of my early roles is to develop the legal roadmap, help evaluate options, and assist with assembling the right professional team.

5. Pros of Using a Surrogacy Agency in Canada

An agency or fertility consultant may be a good fit when intended parents:

• want help creating their profile
• need guidance navigating the matching process
• have limited time to coordinate appointments and requirements
• want a central point of contact
• prefer ongoing practical and emotional support
• don’t want to manage reimbursements themselves
• live outside Canada and need additional logistical assistance
• are navigating travel, distance, language, or communication challenges
• want someone to support their surrogate throughout the journey
• feel more comfortable having a professional help manage expectations and communication

A consultant may also be valuable for a surrogate who wants an additional source of information and support outside her relationship with the intended parents.

The strongest agency relationships are transparent and collaborative. The intended parents understand what services are being provided, the surrogate feels independently supported, and the agency works effectively with the legal, medical, and counselling professionals involved.

6. Pros of an Independent Surrogacy Journey in Canada

Some intended parents don’t require full-service agency support.

An independent journey may work well when intended parents:

• already know their surrogate
• connect with a potential surrogate through family, friends, or their community
• find a potential surrogate through an independent online group
• have the time and capacity to coordinate the process
• communicate openly and respectfully with their surrogate
• are comfortable organizing appointments and maintaining records
• want to select each professional independently
• prefer greater control over how their journey is structured

In an independent journey, the intended parents and surrogate take responsibility for coordinating the clinic, counselling, legal work, reimbursements, appointments, pregnancy support, hospital planning, and post-birth steps.

Independent doesn’t mean unsupported. The parties still need an experienced fertility clinic, implications counsellor, and separate fertility lawyers. They may also retain insurance professionals, reimbursement managers, and other consultants for particular parts of the journey.

For a complete explanation, read How to Find a Gestational Surrogate in Toronto and Canada.

7. Hybrid Surrogacy Support: Combining Independent & Agency Help

Yes. Intended parents don’t have to choose between a full-service agency and managing everything themselves.

An unbundled or customized approach allows intended parents to obtain support only where they need it.

For example, intended parents might:

• find a surrogate through their own network
• retain a professional to help them develop their profile
• communicate directly with their surrogate
• work directly with the fertility clinic and implications counsellor
• retain a consultant to coordinate appointments
• use an agency only to manage reimbursements
• retain Flowerday Fertility Law for the legal process
• receive referrals to reputable professionals for other stages

This can be particularly helpful when the parties are confident in managing their relationship but don’t have the bandwidth to handle every administrative or financial detail.

Some parties prefer to remove reimbursements from their day-to-day conversations. They may retain a consultant to collect declarations and receipts, review supporting documents, issue payments, and maintain records.

A customized approach gives the parties support without requiring them to purchase services they don’t need.

8. Fertility Lawyer vs. Surrogacy Agency: How Their Roles Differ

The fertility lawyer and agency have different but complementary roles.

The agency or fertility consultant may provide:

• education
• coordination
• administrative assistance
• journey support
• reimbursement management
• practical support during pregnancy

The fertility lawyer provides:

• independent legal advice
• guidance about the AHRA
• review of consulting agreements, where requested
• preparation and negotiation of the surrogacy agreement
• legal clearance for the fertility clinic
• hospital and birth-related legal planning
• post-birth parentage services

The clinic determines whether the surrogate is medically suitable to proceed. The implications counsellor helps the parties explore the emotional, relational, and practical consequences of surrogacy. The surrogate’s lawyer advises her independently.

No single professional replaces the others.

When the team communicates effectively, the parties know what is happening, responsibilities are clear, and delays are less likely. This allows the intended parents and surrogate to focus on their relationship while their professional team manages the medical, counselling, legal, and administrative requirements.

9. Questions to Ask When Choosing a Surrogacy Agency in Canada

Once you understand the complete journey and the support you need, you can evaluate potential agencies more effectively.

Questions to ask include:

• What services are included in the fee?
• Which services cost extra?
• How do you help intended parents develop and share their profiles?
• How do you support the matching process?
• How do you assess whether the parties may be compatible?
• What support do you provide to surrogates?
• How do you help the parties prepare for medical screening and counselling?
• Who coordinates clinic requirements and appointments?
• Who manages reimbursements?
• How are reimbursement requests reviewed and documented?
• What records will be provided to the parties?
• How are unused funds returned?
• What support is available during pregnancy and postpartum recovery?
• How are concerns or disagreements addressed?
• Can services be retained separately?
• Can intended parents select their own clinic, counsellor, and lawyers?
• How do you collaborate with the other professionals involved?

The goal isn’t simply to find the agency with the most services. It is to find one whose services, communication style, experience, and approach are right for your journey.

After almost two decades working within the Canadian fertility community, I can also provide insight into reputable agencies and other professionals who may be the right fit for your journey.

10. How to Choose the Right Surrogacy Support for Your Journey

The question isn’t whether surrogacy agencies are good or bad. The question is whether the services being offered are lawful, transparent, and valuable for your particular journey.

Some intended parents will benefit from comprehensive agency support. Others will prefer an independent journey. Many will choose a customized approach that combines direct involvement with selected professional services.

The best way to make that decision is to understand the complete process first.

Your plan can be simple:

• Speak with an experienced fertility lawyer.
• Understand your options and the stages ahead.
• Build the professional team that fits your needs.

Starting with Flowerday Fertility Law doesn’t mean that you won’t work with an agency. It means that you will approach that decision with a clear understanding of the law, the journey, and the support you actually need.

With the right roadmap and the right team, you can move from planning to matching, medical clearance, embryo transfer, pregnancy, birth, and parentage with greater clarity and confidence.

How Flowerday Fertility Law Can Help

Flowerday Fertility Law helps intended parents understand the Canadian surrogacy process before they select other members of their team.

Michelle Flowerday can help you:

• understand your legal options
• understand the Assisted Human Reproduction Act
• create a roadmap for your surrogacy journey
• determine what professional support you may need
• review a proposed fertility consulting agreement
• ask informed questions when evaluating an agency
• obtain referrals to reputable fertility consultants and other professionals
• prepare and review your surrogacy agreement
• provide legal clearance to the fertility clinic
• prepare for the hospital and birth
• complete the post-birth parentage process

Once you have found a surrogate who has completed medical screening and implications counselling, your surrogacy agreement will be created through Plaid Fertility Law, our own digital platform.

Plaid allows intended parents to complete a series of guided prompts at their own pace, either independently or with my assistance. It then generates a fully tailored agreement based on their particular journey. We review and revise the agreement together before sending it to the surrogate’s lawyer for independent legal advice.

Plaid also streamlines signing and the delivery of legal clearance to the fertility clinic, reducing unnecessary back-and-forth and helping the parties move toward embryo transfer with confidence.

If you’re considering surrogacy in Canada but haven’t yet selected an agency or fertility consultant, contact Flowerday Fertility Law first. I can help you understand your options, create a clear legal roadmap, and build the right professional team for your journey.

This blog provides general information about Canadian surrogacy and isn’t legal advice. Surrogacy and parentage laws vary by province and territory. Speak with a fertility lawyer about your circumstances before proceeding.

Frequently Asked Questions About Surrogacy Agencies in Canada

Do you need a surrogacy agency in Canada?

No. Intended parents aren’t legally required to use a surrogacy agency. They may work with an agency or fertility consultant, manage an independent journey, or retain selected professional services based on their needs.

Should intended parents speak with a fertility lawyer before choosing an agency?

Yes. Speaking with a fertility lawyer first helps intended parents understand the complete process, the Assisted Human Reproduction Act, and the services they are likely to need. They can then evaluate agencies and consulting agreements from a more informed position.

Is it legal to match with a surrogate in Canada without an agency?

Yes. Intended parents and surrogates can match in Canada. However, Sections 6(2) and 6(3) of the Assisted Human Reproduction Act prohibit accepting or paying consideration to arrange the services of a surrogate.

Can a surrogacy agency charge for consulting services?

An agency or fertility consultant may charge for lawful consulting, administrative, educational, and support services. Fees can’t be payment for arranging the services of a surrogate.

What are the benefits of working with a surrogacy agency?

An agency may provide education, administrative coordination, profile assistance, communication support, reimbursement management, and ongoing practical and emotional support. This can be especially valuable for intended parents who have limited time, live outside Canada, or prefer a central point of contact.

Can intended parents pursue surrogacy without an agency?

Yes. Intended parents may manage an independent journey, particularly when they already know their surrogate or have connected through their own network. They will still require medical, counselling, legal, and other professional support.

Can you hire an agency just for reimbursement management?

Some agencies and fertility consultants offer reimbursement management as an unbundled service. This can be helpful when the parties are comfortable managing the rest of the journey but prefer to keep finances out of their day-to-day relationship.

Can a surrogacy agency provide legal advice?

A surrogacy agency can’t replace independent legal advice. The intended parents need their own fertility lawyer, and the surrogate needs a separate lawyer to advise her independently. An agency may coordinate the legal stage, but the legal advice must come from the parties’ respective lawyers.

How do intended parents choose the right surrogacy agency in Canada?

Start by understanding the entire journey and identifying the support you need. Then compare agencies based on their services, transparency, experience, communication style, support for surrogates, reimbursement practices, and ability to collaborate with the rest of your professional team.

What’s the first step in the surrogacy process in Canada?

Speak with an experienced fertility lawyer. A fertility lawyer can explain the legal framework and help you understand the journey. At Flowerday Fertility Law, I can also guide you in assembling the professional team that is right for you.