Step-by-Step Guide to Surrogacy in Canada

Everything Intended Parents Need to Know About Canadian Surrogacy

For many intended parents, surrogacy begins with hope, but quickly becomes overwhelming.

Between fertility clinics, donors, surrogates, legal requirements, reimbursement rules, counselling, and parentage laws, it can be difficult to know where to start or who to trust. The decisions you make early in the process can significantly impact your timeline, your finances, and ultimately your ability to bring your child home.

The good news is that you do not need to navigate this journey alone.

At Flowerday Fertility Law, we have spent more than 15 years helping intended parents build their families through surrogacy, egg donation, sperm donation, and embryo donation. We understand the legal, emotional, and practical complexities involved, and we work closely with fertility clinics, agencies, counsellors, and other professionals across Canada to help intended parents move forward with confidence.

This guide will walk you through the Canadian surrogacy process step-by-step so you can better understand what to expect, avoid common mistakes, and build a strong foundation for your growing family.

What Is Surrogacy in Canada?

Canada permits both gestational surrogacy and traditional surrogacy.

Gestational Surrogacy

Gestational surrogacy is the most common form of surrogacy in Canada.

In a gestational arrangement, the surrogate carries the pregnancy but is not genetically related to the child.

Embryos are typically created using:

• the intended parents’ eggs and sperm
• donor eggs
• donor sperm
• donor embryos

The embryo is then transferred to the uterus of a surrogate through IVF.

Traditional Surrogacy

Traditional surrogacy occurs when the surrogate also contributes her own egg and is therefore genetically related to the child.

Pregnancy may occur through:

• intrauterine insemination (IUI)
• intracervical insemination (ICI)
• in vitro fertilization (IVF)

Although traditional surrogacy is less common today, it remains fully legal in Canada.

In many provinces, including Ontario, parentage legislation applies similarly to both gestational and traditional surrogacy arrangements, provided the statutory requirements have been satisfied.

Yes. Surrogacy is legal throughout Canada.

However, Canada’s Assisted Human Reproduction Act (“AHRA”) prohibits paying a surrogate to carry a pregnancy. Instead, surrogates may be reimbursed for eligible expenses incurred during the surrogacy journey.

This means:

✅ Gestational surrogacy is legal

✅ Traditional surrogacy is legal

✅ Reimbursement of eligible expenses is legal

❌ Paying a surrogate to carry a pregnancy is not legal

Because surrogacy involves federal law, provincial parentage legislation, fertility clinic requirements, and contractual obligations, obtaining legal advice early in the process is one of the most important decisions intended parents can make.

Canada has become one of the most respected destinations for surrogacy worldwide.

Intended parents from Canada and around the globe are drawn to Canada’s:

• well-established legal framework
• experienced fertility clinics
• strong protections for surrogates and intended parents
• clear parentage processes in many provinces
• experienced fertility lawyers and fertility professionals
• inclusive approach to LGBTQ+ family building

Canada’s surrogacy model is designed to prioritize informed consent, transparency, and the best interests of everyone involved.

One of the most common mistakes intended parents make is assuming surrogacy is primarily a medical process.

In reality, surrogacy is a legal, medical, emotional, and financial journey that requires careful coordination among multiple professionals.

Without proper planning, intended parents can face:

• treatment delays
• reimbursement issues
• parentage complications
• donor disputes
• clinic setbacks
• unnecessary emotional and financial stress

The most successful journeys typically begin with a clear understanding of the process and a professional team that understands how all of the pieces fit together.

Many intended parents assume they should find a surrogate or fertility clinic first.

In reality, one of the smartest first steps is consulting an experienced fertility lawyer.

A fertility lawyer helps you understand the legal framework governing your journey before significant emotional, medical, or financial commitments are made.

By speaking with a fertility lawyer early, you can avoid common mistakes, better understand your options, and make informed decisions regarding clinics, donors, surrogates, agencies, and parentage.

What Does a Fertility Lawyer Do?

A fertility lawyer’s role extends far beyond drafting a surrogacy agreement.

An experienced fertility law firm can assist with:

Compliance with Canadian fertility laws

• explaining Canada’s assisted reproduction laws
• advising on legal requirements for surrogacy arrangements
• advising on reimbursement rules and documentation requirements
• helping ensure compliance throughout the journey

Donor arrangements

• egg donation arrangements
• sperm donation arrangements
• embryo donation arrangements
• known donor arrangements
• directed donor arrangements

Surrogacy planning

• traditional surrogacy arrangements
• gestational surrogacy arrangements
• independent surrogacy arrangements
• agency-assisted arrangements
• international surrogacy considerations

Contract preparation

• drafting surrogacy agreements
• drafting donor agreements
• negotiating contract terms
• coordinating independent legal advice

Clinic and treatment coordination

• providing legal clearance
• coordinating with fertility clinics
• addressing legal issues identified during the medical process

Birth and parentage

• preparing hospital documentation
• advising regarding birth registration
• securing legal parentage after birth
• coordinating with foreign counsel when international recognition is required

A fertility lawyer often serves as the central advisor throughout the surrogacy journey and can help you build the rest of your professional team.

Why Work with a Fertility Lawyer Early?

Many of the most expensive mistakes in surrogacy occur before legal advice is obtained.

Early legal guidance can help intended parents:

• understand their legal options
• understand the nuanced interplay between agencies and clinics
• structure surrogacy and donor arrangements properly
• select appropriate professionals
• identify risks before treatment begins
• avoid delays at the fertility clinic
• prepare for parentage and citizenship issues

Obtaining legal advice early is often the most efficient way to protect your timeline, your investment, and often your heart.

Step 2: Choose a Fertility Clinic

Your fertility clinic plays a central role in the medical aspects of your journey.

The clinic will typically:

• conduct fertility assessments
• review medical histories
• coordinate donor treatment cycles
• create embryos through IVF
• perform insemination procedures when appropriate
• coordinate embryo transfers
• monitor early pregnancy

The right clinic depends on many factors, including:

• location
• wait times
• experience with surrogacy
• experience with donor arrangements
• international patient support
• LGBTQ+ family-building experience

Ideally, intended parents should also evaluate whether a clinic has a dedicated third-party reproduction team that understands the unique legal, logistical, and emotional aspects of surrogacy and donor conception.

Your fertility lawyer can often help identify important questions to ask when evaluating clinics.

Not every surrogacy journey requires a donor.

However, many intended parents require the assistance of:

• egg donors
• sperm donors
• embryo donors

Donor conception may be appropriate for:

• same-sex couples
• single parents by choice
• intended parents experiencing infertility
• intended parents with genetic concerns
• individuals who have undergone cancer treatment

Choosing a donor is both a medical and legal decision.

Known donor arrangements require particular care and should always be documented with a properly drafted donor agreement.

Finding the right surrogate is one of the most significant steps in the process.

Independent Matching

Some intended parents match with:

• friends
• family members
• acquaintances
• members of their community

Independent arrangements can be incredibly meaningful but still require proper screening, counselling, and legal documentation.

Surrogacy Agency Support

Many intended parents work with surrogacy agencies that assist with:

• education
• profile creation
• screening coordination
• journey support
• expense administration

When evaluating agencies, consider:

• screening standards
• wait times
• communication style
• support services
• experience with your family structure

The best match is rarely about logistics alone. Shared values, communication styles, and expectations often play an important role in a successful family-building journey.

Before treatment can proceed, most fertility clinics require medical screening and counselling.

Surrogate Screening

This often includes:

• medical history review
• obstetrical history review
• infectious disease testing
• psychological assessment
• fertility clinic evaluation

Intended Parent Screening

Depending on the clinic and treatment plan, intended parents may undergo:

• medical assessments
• genetic testing
• infectious disease screening
• counselling

The goal is to ensure that everyone is moving forward with fully informed consent and a clear understanding of the medical, emotional, and practical aspects of the journey.

Step 6: Create Embryos or Complete Insemination Planning

The next step depends on the type of surrogacy arrangement.

Gestational Surrogacy

For gestational surrogacy, embryos are created through IVF and frozen before transfer.

Traditional Surrogacy

For traditional surrogacy, conception may occur through insemination or IVF, depending on the treatment plan.

At this stage, fertility specialists will develop a medical timeline and prepare for treatment.

Before fertility treatment proceeds, legal agreements should be completed.

A comprehensive surrogacy agreement typically addresses:

Roles and expectations

• communication expectations
• participation during pregnancy
• decision-making processes

Medical issues

• treatment plans
• pregnancy management
• prenatal care

Reimbursements

• eligible expenses
• documentation procedures
• reimbursement processes

Birth planning

• hospital expectations
• delivery planning
• immediate care of the baby

Legal protections

• parentage intentions
• privacy provisions
• dispute resolution mechanisms

The agreement helps ensure everyone enters the journey with clear expectations and a shared understanding.

A Modern Approach to Fertility Agreements

Many intended parents now choose to complete their donor and/or surrogacy agreement through Plaid Fertility Law, Flowerday Fertility Law‘s secure online platform for fertility agreements.

Plaid guides participants through a series of questions tailored to their unique journey, allowing agreements to be prepared more efficiently while still receiving personalized legal advice.

Once completed, the agreement is reviewed by the parties and their lawyers, finalized, electronically signed, and legal clearance is automatically generated and sent to the fertility clinic when appropriate.

The result is a more streamlined process that helps intended parents move forward with confidence while ensuring the legal protections that donor and surrogacy arrangements require.

Once legal clearance has been issued, fertility treatment can begin.

Depending on the arrangement, this may involve:

• embryo transfer
• IUI
• ICI
• IVF

Following treatment, pregnancy testing is completed.

Not every transfer or insemination attempt is successful, and multiple attempts may sometimes be necessary.

During pregnancy, the surrogate receives routine prenatal care through her healthcare providers.

Throughout the pregnancy, intended parents often participate in:

• ultrasound appointments
• medical updates
• birth planning
• milestone celebrations

Every surrogacy relationship is unique. Some involve frequent communication and shared experiences, while others maintain more structured boundaries.

The most successful arrangements are built on mutual trust, respect, and communication.

As the due date approaches, several important preparations take place.

These may include:

• hospital planning
• travel arrangements
• newborn healthcare planning
• parentage documentation
• birth registration preparation

Many intended parents also work with their fertility lawyer to prepare documentation that helps healthcare providers understand the family structure and intended parent roles.

After the child is born, legal parentage must be formally recognized.

The process varies depending on:

• province
• family structure
• method of conception
• whether statutory requirements have been satisfied

Depending on the circumstances, parentage may be established through:

• statutory declarations and administrative registration procedures
• court applications seeking a parentage order

For international intended parents, parentage recognition may also need to be addressed in their home country. Canadian fertility lawyers frequently work alongside foreign counsel to help families navigate these requirements.

How Much Does Surrogacy Cost in Canada?

One of the most common questions intended parents ask is how much surrogacy costs.

While every journey is different, costs may include:

• fertility clinic fees
• IVF treatment
• donor expenses
• legal fees
• counselling
• insurance
• reimbursable surrogate expenses
• travel and accommodation costs

It is important to understand that surrogates cannot be paid to carry a pregnancy in Canada, regardless of the residency or citizenship of the intended parents.

However, intended parents are generally responsible for reimbursing eligible expenses incurred during the journey in accordance with Canadian law.

How Long Does Surrogacy Take in Canada?

Most surrogacy journeys take between 12 and 24 months.

Timelines vary depending on surrogate availability, donor requirement, IVF outcomes, clinic wait times, and legal considerations.

Can International Intended Parents Pursue Surrogacy in Canada?

Yes. Canada is a popular destination for international intended parents because of its established legal framework, experienced fertility clinics, and supportive family-building community.

Despite some misinformation online, international intended parents are subject to the same prohibition on commercial surrogacy under the AHRA as Canadian intended parents.

Citizenship, immigration, and parentage issues should be considered early in the process.

Can a Friend or Family Member Be My Surrogate?

Yes. Many successful Canadian surrogacy journeys involve friends or family members acting as surrogates.

Even in these situations, proper counselling, legal advice, and written agreements remain essential.

Do I Need a Lawyer for Surrogacy in Canada?

While the law does not require intended parents to retain counsel at the beginning of their journey, legal advice is essential before treatment proceeds.

A fertility lawyer can help ensure compliance with Canadian law, protect all participants, prepare legal agreements, and guide intended parents through the parentage process after birth.

Begin Your Canadian Surrogacy Journey with Confidence

Building your family through surrogacy is one of the most meaningful journeys you will ever undertake.

When the process is properly planned and supported, intended parents can spend less time worrying about legal uncertainty and more time preparing to welcome their child into the world.

The goal is not simply to complete a surrogacy journey. The goal is to build your family with confidence, knowing that every step has been thoughtfully planned and professionally supported.

Whether you are just beginning your research, choosing a clinic, exploring donor options, or preparing to match with a surrogate, obtaining experienced legal guidance early can help you avoid unnecessary obstacles and move forward with clarity.

At Flowerday Fertility Law, we help intended parents navigate every stage of the Canadian surrogacy process from planning and agreements to birth and parentage.

Work with one of Canada’s leading fertility lawyers, Michelle Flowerday, to navigate your surrogacy journey with clarity and confidence.  Book a consultation today and take the first step toward growing your family.