Written by Michelle Flowerday, Fertility Lawyer in Toronto, and approved by Katie Fitzsimmons and Alisha O’Brien, experienced surrogates and law clerks at Flowerday Fertility Law.
Becoming a surrogate is an extraordinary decision. You may be drawn to surrogacy because you enjoyed being pregnant, know someone who has struggled to build a family, or simply want to help intended parents experience the joy of having a child.
Whatever has brought you here, you deserve to understand exactly what becoming a gestational carrier involves, medically, emotionally, practically, and legally before deciding whether it is right for you.
This guide explains how to become a surrogate in Canada, including the usual eligibility requirements, the application and screening process, legal protections, medical treatment, and the support available throughout the journey.
You do not need to have all the answers today. You simply need reliable information, the right support, and the freedom to make the decision that feels right for you and your family.
Curious what the experience is really like day-to-day? Read Katie’s Surrogacy Story and Alisha’s Surrogacy Story, the two Canadian surrogates who reviewed this guide.
In this guide:
- what a gestational carrier is and who qualifies
- residency and provincial rules
- the 9 steps, from application to delivery
- surrogate reimbursement rules in Canada
- common questions about becoming a surrogate
What Is a Gestational Carrier or Surrogate?
A gestational carrier, often called a surrogate, is someone who carries a pregnancy for another person or couple.
The embryo transferred to the gestational carrier is created using an egg and sperm from the intended parents or donors. The gestational carrier does not use her own egg and, therefore, has no genetic relationship to the child.
This is different from traditional surrogacy, in which the surrogate’s own egg is used. Most surrogacy arrangements in Canada today are gestational surrogacies completed through a fertility clinic.
Who Can Become a Surrogate in Canada?
There are both mandatory and discretionary criteria, which vary among fertility clinics and surrogacy agencies.
However, prospective gestational carriers are generally expected to:
- be at least 21 years old;
- have experienced at least one healthy pregnancy and delivery;
- be in good physical and mental health;
- be a non-smoker and live in a smoke-free household; not use recreational drugs;
- have a stable and supportive home environment;
- be willing to complete medical and psychological screening;
- have reliable transportation to attend appointments;
- be willing to follow the fertility clinic’s medical instructions; and
- understand the emotional and practical commitment involved.
Some clinics and surrogacy organizations also have guidelines relating to age, body mass index, pregnancy history, medications, and the amount of time that has passed since your most recent delivery.
Meeting these general criteria does not automatically mean that you will be medically approved. Every application is considered individually, and final medical approval comes from the fertility clinic. The purpose of the process is not simply to determine whether you qualify. It is to help protect your health and ensure that surrogacy is a safe and appropriate option for you.
Does a Surrogate Need to Live in Canada?
Most Canadian programs require a gestational carrier to be a Canadian citizen or permanent resident living in Canada. This helps ensure that she has access to provincial healthcare and can participate in the necessary medical, legal, and post-birth processes.
Eligibility can depend on where you live and which fertility clinic is involved. Surrogacy and parentage laws also vary by province, so it is important to speak with a fertility lawyer familiar with the Canadian surrogacy laws that apply where you reside and where the baby is expected to be born.
Step 1: Learn About the Surrogacy Process in Canada
Before submitting an application, take time to understand what a complete surrogacy journey may involve. This is your decision, and asking honest questions at the beginning can help you move forward with clarity and confidence.
Questions to ask yourself before becoming a surrogate:
- Why do I want to become a surrogate?
- How would pregnancy affect my work and family life?
- Is my partner or support network comfortable with the decision?
- Am I prepared to take fertility medications and undergo an embryo transfer?
- How would I feel if the first transfer were unsuccessful?
- Am I comfortable carrying a child for someone else?
- What type of relationship would I want with the intended parents?
- How would I feel about difficult pregnancy-related decisions?
- Am I prepared for the possibility of pregnancy complications, bed rest, or a C-section?
There are no perfect answers. The goal is to consider the experience honestly and determine if it fits your health, family circumstances, and values.
Step 2: Find a Surrogacy Agency in Canada or Match Independently
Many prospective surrogates begin by contacting a Canadian surrogacy organization. An experienced agency or consultant can explain the process, answer preliminary questions, introduce you to intended parents, and provide support as you consider whether surrogacy is right for you.
Surrogacy agencies support prospective and current surrogates through the application, education, profile creation, and journey-management process. If you are searching for a surrogacy agency in Toronto or a surrogacy consultant in Toronto, look for a provider that centres your well-being, respects your choices, and is transparent about the support it provides.
However, you do not need to work with an agency to become a surrogate. Some gestational carriers match independently with intended parents they already know through their network of family members, friends, colleagues, or community connections. Others connect with intended parents through social media groups and online surrogacy communities.
Independent matching can give you greater control over whom you meet and how the relationship develops. However, you may not have the same administrative and emotional support that an agency or consultant can provide. If you connect with intended parents online, take your time, protect your personal information, arrange several conversations, and avoid feeling pressured to commit before you are ready. References, counselling, medical screening, and independent legal advice remain important regardless of how the match is made.
If you use an agency or match independently, consider asking:
- What are we each hoping for from this surrogacy journey?
- How and how often would we like to communicate?
- What relationship do we envision before, during, and after the pregnancy?
- How will medical appointments, travel, and eligible expenses be managed?
- Are counselling and other emotional supports available?
- How will my privacy and personal information be protected?
- What will happen if concerns or disagreements arise?
- What support will be available during pregnancy and after delivery?
- Do I feel respected, comfortable, and free to ask questions or decline the match?
An agency or consultant can be an important source of practical and emotional support, but they do not replace your fertility clinic or fertility lawyer. Similarly, an existing friendship or family relationship should not replace proper screening, counselling, and independent legal advice.
Medical advice must come from qualified medical professionals, and legal advice must come from a fertility lawyer representing you independently. These safeguards are essential whether you meet the intended parents through an agency, within your personal network, or online.
Step 3: Complete the Surrogate Application and Initial Screening
The application process helps determine whether surrogacy may be appropriate and safe for you. It is also your opportunity to ask questions, learn how the process works, and decide whether you feel comfortable taking the next step.
You may be asked to provide information about:
- your age and general health;
- previous pregnancies and deliveries;
- any pregnancy or birth complications;
- your medications and medical conditions;
- your mental health history;
- your family and home environment;
- your employment and financial stability;
- your reasons for considering surrogacy;
- your partner or spouse, if applicable; and
- your expectations for a relationship with the intended parents.
You may also be asked to provide prenatal, delivery, and other medical records from previous pregnancies.
Be open and accurate during this process. A medical condition or previous complication does not necessarily mean that you cannot become a surrogate. The fertility clinic needs complete information to assess risk and protect your health.
Step 4: Meet and Choose Your Intended Parents
Moving forward with intended parents needs to be a mutual decision. You are not simply being selected by intended parents, you are also deciding whom you trust to accompany you through a deeply personal experience.
The right match should feel respectful, comfortable, and aligned. Before agreeing to move forward, discuss topics such as:
- how often you will communicate;
- whether the intended parents will attend appointments;
- your preferred level of contact during pregnancy;
- expectations around travel, diet, and day-to-day activities;
- views about prenatal testing, termination, selective reduction;
- decisions that could arise during a complicated pregnancy;
- the number of embryos to be transferred;
- expectations surrounding labour and delivery;
- who you would like in the delivery room;
- contact after the baby is born; and
- expense reimbursement and record-keeping.
You should never feel pressured to accept a match. It is appropriate to take your time, ask difficult questions, and decline profiles that do not feel right. A good surrogacy journey begins with trust, and trust cannot be rushed.
Step 5: Surrogate Counselling and Medical Screening in Canada
Once a potential match has been identified, you will usually complete implications counselling and medical screening. These steps are designed to help you understand the journey fully and protect your physical and emotional well-being.
Implications Counselling for Surrogates
Implications counselling gives you an opportunity to explore the emotional aspects of surrogacy with a qualified professional. If you have a spouse or partner, that person will generally participate as well.
The counsellor may explore:
- your motivation for becoming a surrogate;
- your understanding of the process;
- your support system;
- your expectations of the intended parents;
- your feelings about pregnancy and relinquishing care of the baby after birth;
- the effect of surrogacy on your children and partner;
- boundaries and communication;
- the possibility of unsuccessful transfers or pregnancy loss; and
- how the parties might navigate unexpected medical decisions.
Counselling is not intended to weed you out or judge your reasons. It is meant to identify potential concerns and help everyone enter the arrangement with realistic expectations, healthy boundaries, and a shared understanding of the journey ahead.
For a closer look at what a counselling session actually covers, see our companion article, Implications Counselling Before Surrogacy & Donation.
Medical Screening for Gestational Carriers
The fertility clinic will review your pregnancy history and assess whether a further pregnancy and embryo transfer are medically appropriate.
Screening may include:
- a review of your medical and obstetrical records;
- blood and urine testing;
- infectious-disease screening;
- a physical examination;
- an ultrasound or assessment of the uterus;
- review of current medications;
- cervical screening, where required;
- a mammogram and/or breast exam; and
- testing of your spouse or partner in certain circumstances.
The fertility physician ultimately decides whether you are medically approved to proceed.
Step 6: Get Independent Legal Advice From a Fertility Lawyer
Before any fertility medications begin or an embryo is transferred, the intended parents and gestational carrier must enter into a written surrogacy agreement.
The intended parents’ lawyer usually prepares the first draft. You must then receive independent legal advice from your own fertility lawyer. Your lawyer represents only you, not the intended parents, agency, or clinic. This is your opportunity to understand your rights, ask questions, raise concerns, and make sure the agreement reflects what you have actually discussed.
Your fertility lawyer will review the surrogacy agreement with you and explain provisions relating to:
- your rights and responsibilities;
- medical care and decision-making;
- communication with the intended parents;
- the embryo-transfer process;
- pregnancy-related expectations;
- confidentiality and social media;
- travel during pregnancy;
- health and life insurance;
- reimbursement of eligible expenses;
- lost income in legally permitted circumstances;
- the possibility of bed rest or pregnancy complications;
- miscarriage, termination, and selective reduction;
- labour and delivery;
- parentage after birth; and
- the parties’ intended relationship following delivery.
You should feel comfortable asking questions and requesting changes. The agreement should reflect the arrangement you have actually discussed, not simply a standard set of terms.
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Once everyone has received independent legal advice and signed the agreement, legal clearance can be provided to the fertility clinic.
Are Surrogates Paid in Canada?
Canada permits altruistic surrogacy, but not commercial surrogacy.
Under the federal Assisted Human Reproduction Act, a person cannot pay or offer to pay someone to act as a surrogate. However, a surrogate may be reimbursed for eligible out-of-pocket expenditures incurred because of the surrogacy, provided the reimbursement complies with the applicable federal rules.
Eligible expenses can include certain costs relating to:
- travel, parking, meals, and accommodation;
- maternity clothing;
- medications and medical devices;
- counselling;
- legal services;
- childcare or care of dependants;
- prenatal vitamins and other qualifying health products;
- groceries in qualifying circumstances;
- insurance;
- telecommunications; and
- other permitted expenses directly related to the surrogacy.
Receipts and the appropriate Health Canada Declarations are required. Reimbursement of lost work-related income is subject to additional requirements, including written certification from a qualified medical practitioner in the circumstances prescribed by law.
Health Canada provides detailed guidance on surrogacy reimbursements.
Your lawyer should explain how reimbursements will work and make sure that the agreement is consistent with Canadian surrogacy laws. Surrogacy should not leave you personally out of pocket, but reimbursements cannot be used to provide a profit or disguised payment.
Step 7: Prepare for Your Embryo Transfer
After medical and legal clearance, the fertility clinic will prepare you for an embryo transfer.
Depending on the clinic’s protocol, you may take medications to prepare the lining of your uterus. These can include oral medication, patches, vaginal medication, or injections. You will also attend monitoring appointments involving bloodwork and ultrasounds.
During the embryo transfer, the physician places an embryo into the uterus using a thin catheter. The procedure is usually brief and does not normally require anesthesia.
A pregnancy blood test is completed after the transfer. It is important to prepare emotionally for the possibility that the first embryo transfer may not result in pregnancy. Some gestational carriers undergo more than one transfer before achieving a pregnancy. Having realistic expectations and a strong support system can make this uncertain stage easier to navigate.
Step 8: Pregnancy and Ongoing Support for Surrogates
Once a pregnancy is established, the fertility clinic will monitor you during the early stages. Your care will later be transferred to an obstetrician, midwife, or family physician.
Throughout the pregnancy, you should be supported by:
- your healthcare providers;
- your independent fertility lawyer;
- your agency or surrogacy consultant;
- the intended parents;
- a counsellor, if needed; and
- your personal support network.
Good communication is essential. The intended parents will understandably be emotionally invested in the pregnancy, but you remain the patient and retain control over your medical care.
Your surrogacy agreement establishes expectations and records everyone’s intentions, but it should never prevent you from receiving medically appropriate care or making decisions concerning your own body.
Step 9: Delivery and Legal Parentage in Canada
Before delivery, the parties should have a hospital plan or hospital letter explaining the surrogacy arrangement, the intended parentage plan, and the parties’ wishes for labour, delivery, and discharge.
The precise legal process after birth depends on the province or territory where the child is born. It may involve statutory declarations, a court application, consent documents, and/or birth-registration forms.
Your independent lawyer should explain your role in the post-birth process before you sign the surrogacy agreement. You should know what to expect long before you arrive at the hospital, so that everyone can focus on your care, the delivery, and welcoming the baby.
What Happens After the Baby Is Born?
The days and weeks after delivery can bring many emotions. Even when you feel confident about your decision and happy for the intended parents, you will still be recovering physically and experiencing significant hormonal changes.
Postpartum support should be discussed well before the birth. This may include:
- medical follow-up;
- counselling;
- help at home;
- meal or childcare support;
- reimbursement of eligible postpartum expenses;
- lactation or pumping arrangements, if desired;
- communication with the intended parents; and
- opportunities to connect with other gestational carriers.
There is no single correct relationship after surrogacy. Some surrogates and intended parents remain very close, while others communicate less frequently. What matters is that expectations are discussed honestly and revisited when necessary.
Is Becoming a Gestational Carrier Right for You?
Becoming a gestational carrier can be deeply rewarding, but it is also a major physical and emotional commitment. A successful journey depends on informed consent, careful screening, mutual trust, independent legal advice, and strong support.
You do not need to make the decision immediately. Speaking with an experienced Canadian surrogacy organization, fertility clinic, counsellor, or lawyer does not commit you to proceeding. It simply gives you the information needed to decide whether surrogacy is right for you and your family.
If you decide to move forward, you should never have to navigate the process alone. The right professionals will answer your questions, protect your interests, and help you understand what comes next at every stage.
How Long Does It Take to Become a Surrogate in Canada?
The timeline varies widely, but most gestational carriers can expect the process from initial application to delivery to take approximately 12 to 24 months. Matching with intended parents is often the longest phase, particularly for independent matches, while medical screening, independent legal advice, and the embryo transfer process typically take a few months once a match is confirmed.
What Disqualifies You From Being a Surrogate in Canada?
Every fertility clinic sets its own criteria, but common reasons an application may be declined include being under 21, never having carried a pregnancy to term, ongoing smoking or recreational drug use, certain unmanaged medical or mental health conditions, an unstable home environment, or specific BMI and pregnancy-history guidelines. A single concern does not always end the process, as some clinics will reassess eligibility once an issue, such as smoking cessation or a medication change, has been resolved.
Can a Single Woman Become a Surrogate in Canada?
Yes. Eligibility in Canada is based on health, lifestyle, and screening criteria, not marital status. Single women who meet the medical and psychological requirements can become gestational carriers, although if you have a partner, they will typically be included in counselling and, in some cases, medical screening.
Speak With a Toronto Surrogacy Lawyer
Flowerday Fertility Law has supported gestational carriers and intended parents through surrogacy journeys across Canada for more than 15 years.
If you are considering becoming a surrogate, we can explain your legal rights, review your surrogacy agreement, and ensure that you understand every stage of the process before treatment begins. You remain in control of your decisions; our role is to give you the clarity, protection, and confidence to move forward.
Considering becoming a surrogate in Canada?
Speak with a Toronto surrogacy lawyer to learn more about obtaining independent legal advice for a Canadian surrogacy arrangement.
Book A Free Consultation with Canadian Fertility Lawyer Michelle Flowerday
This article provides general information only and does not constitute legal advice. Surrogacy and parentage laws vary by province and individual circumstances.