Understanding Canada’s Position on Paid Surrogacy
Is paid surrogacy legal in Canada?
A new opinion from Addario Law Group (October 2025) confirms what fertility lawyers have long known: under the Assisted Human Reproduction Act (S.C. 2004, c. 2) (“AHRA”), it is illegal for international Intended Parents to pay Canadian Surrogates, no matter where the funds originate or where the Intended Parents live.
For anyone involved in assisted reproduction – Intended Parents, Surrogates, agencies, clinics, or lawyers – this opinion provides vital clarity about what Canadian law allows and why altruism, not profit, remains the foundation of family building here.
1. What the AHRA Says About Paying Surrogates
Surrogacy is legal in Canada, but only if it’s altruistic. The AHRA permits Surrogates to be reimbursed for reasonable, documented expenses directly related to the journey, such as travel, maternity wear, or lost wages for medical appointments.
It is a criminal offence under Sections 6 and 60 of the AHRA to:
- Pay or offer to pay a Surrogate for her services;
- Accept payment to arrange a Surrogate’s services; or
- Advertise the availability of paid surrogacy.
Penalties include:
- Summary conviction: fines up to $250,000 or 4 years in prison
- Indictable offence: fines up to $500,000 or 10 years in prison
2. Does It Matter If Intended Parents Live Abroad?
According to the Addario opinion, no.
Canadian courts can prosecute offences that have a “real and substantial link” to Canada. If the Surrogate resides in Canada, that connection exists – regardless of where payments are made or which country the Intended Parents call home.
Legal precedent (Libman v. The Queen, R. v. Coban) confirms that Canada may act where the harm—or benefit—occurs within its borders. Paying a Canadian Surrogate, even from overseas, meets that test.
3. Who Faces Legal Risk?
| Party | Risk Level | Details |
|---|---|---|
| International Intended Parents | 🔴 High | Paying or offering to pay a Canadian Surrogate is a criminal offence. |
| Agencies (Canadian or Foreign) | 🔴 High | Offence to arrange or manage payments for a paid surrogacy. |
| Advertisers | 🔴 High | Illegal to promote or advertise paid surrogacy. |
| Canadian Lawyers | 🟠 Moderate–High | Risk of criminal and professional discipline for facilitating or advising on paid arrangements. |
| Fertility Clinics | 🟠 Moderate | May face liability or regulatory discipline if aware of a paid arrangement. |
| Surrogates | 🟢 Low | The AHRA targets payors, not Surrogates; prosecution unlikely. |
4. What About Health Canada’s Role?
Some assume that a lack of visible enforcement means Health Canada tolerates paid arrangements. It does not.
Government silence does not equal approval.
To rely on a defence of “officially induced error,” a person would have to show that a government official gave specific, incorrect legal advice – a standard almost impossible to meet.
5. What Is Permitted Under Canadian Law?
The only lawful payments are reimbursements under the Reimbursement Regulations, supported by receipts. Examples include:
- Travel to medical appointments
- Prenatal vitamins and maternity clothing
- Lost wages due to medical appointments or prescribed bed rest
Anything more – such as fixed fees, valuable gifts, or “thank-you” bonuses – risks breaching the AHRA.
6. Why This Matters
The Addario opinion reaffirms that Canada’s surrogacy system is grounded in altruism, not commerce. In my opinion, this isn’t just a legal principle – it’s an ethical one.
The AHRA was designed to protect women in Canada from being financially induced to become Surrogates and to ensure that surrogacy remains an act of generosity and trust.
But it also matters deeply for another reason: fairness.
If international Intended Parents were permitted to pay Canadian Surrogates, it would create an uneven playing field for Canadian families.
Surrogates might understandably prefer arrangements with compensation, leaving Canadian Intended Parents – who must follow Canadian law – with limited or no options to grow their families.
Matching is already competitive. Introducing foreign financial incentives could make it nearly impossible for Canadian Intended Parents to find a Surrogate.
Defending altruistic surrogacy means defending access and equality. It ensures that Canadian families can continue to build through kindness, not competition, and that Surrogates are honoured for their generosity – not treated as participants in a global marketplace.
7. The Takeaways
- Paying a Canadian Surrogate is illegal, even if the payment comes from abroad.
- Only documented reimbursements are lawful under the AHRA.
- Agencies, clinics, and lawyers face serious criminal and professional risk if they facilitate paid arrangements.
- Upholding altruistic surrogacy protects both Canadian Surrogates and Intended Parents, keeping family-building in Canada compassionate, fair, and ethical.
At Flowerday Fertility Law, we advise Intended Parents, Surrogates, and professionals across Canada on the legal, ethical, and practical dimensions of assisted reproduction.
If your surrogacy journey involves multiple countries or complex questions about what’s permitted, we can help ensure it’s compliant, transparent, and safe.