Surrogacy is an incredible family-building option where a person carries and delivers a child for another person or couple who cannot do so themselves. There are two types: gestational surrogacy, where the Surrogate carries an embryo created from the Intended Parents’ or Donors’ genetic material, and traditional surrogacy, where the Surrogate is genetically related to the child. In Canada, surrogacy is legal and carefully regulated at both the federal and provincial levels to ensure that the arrangement is safe and fair for all involved. Altruistic surrogacy, where a Surrogate is reimbursed for out-of-pocket costs, is allowed, while commercial surrogacy, where a Surrogate is paid or compensated beyond that, is prohibited. With the right safeguards in place, surrogacy can be a truly transformative experience for both Surrogates and Intended Parents alike. Our firm would be honoured to guide you through this journey with expert legal support and personalized care.

For Intended Parents: To ensure your surrogacy arrangement is safe, start by building a strong, trusting relationship with your Surrogate, grounded in clear and honest communication about your needs and expectations. Your Surrogate will undergo medical screening at the fertility clinic to confirm she is in good physical health and will participate in counselling to ensure she is emotionally prepared for the journey. Equally important, a surrogacy agreement, created with the guidance of fertility lawyers, will ensure that all parties’ rights and responsibilities are clearly outlined and protected.

For Surrogates: It’s important to feel comfortable and supported by the Intended Parents. Building a strong relationship through open communication will help ensure you have a safe, healthy, and positive pregnancy experience. You’ll attend medical screenings at the fertility clinic to confirm your ability to carry and deliver a child, and you’ll participate in counselling to ensure you’ve thoughtfully considered the emotional implications of carrying a child for someone else. You’ll also have access to ongoing counselling support throughout the pregnancy and after the birth. Finally, you’ll work with your own fertility lawyer (with the Intended Parents covering the cost) to ensure that your surrogacy agreement fully addresses your unique circumstances and accurately captures the terms you’ve agreed upon.

At Flowerday Fertility Law, we understand the importance of these safeguards and will ensure they are in place to protect both Surrogates and Intended Parents alike, setting up the parties for the most rewarding journey.

A surrogacy agreement is a legally binding contract that outlines the rights, responsibilities, and expectations of both the Intended Parents and the Surrogate. It typically addresses key elements such as the plan for conception, prenatal and postnatal obligations, financial arrangements, medical decision-making, confidentiality, and sensitive topics like pregnancy termination. Both the Intended Parents and the Surrogate will make informed, fair decisions, each supported by their own fertility lawyers.

At Flowerday Fertility Law, we understand the complexities of surrogacy and the importance of navigating the process efficiently to avoid delays in conception. Our innovative web application, Plaid Fertility Law, streamlines the surrogacy agreement stage by automating tasks such as creating, collaborating on, signing, and sending legal clearance to the fertility clinic, along with other thoughtful features. Both Intended Parents and Surrogates will benefit from Plaid Fertility Law — feeling relieved that the legal bottleneck has been eliminated.

In Canada, reimbursing a Surrogate for her expenses is legal under the Assisted Human Reproduction Act (AHRA), as long as the reimbursement covers out-of-pocket costs directly related to the surrogacy. The AHRA prohibits any form of commercial surrogacy, meaning Surrogates cannot be paid or compensated beyond these expenses. The regulations under the AHRA specify that Surrogates can be reimbursed for a range of costs, including lost income, childcare, household help, wellness expenses, medical costs, travel, and legal fees. These reimbursements ensure that the Surrogate is not financially burdened and is well-supported throughout the surrogacy process, while preventing any profit or financial gain. This legal framework is designed to protect both Surrogates and Intended Parents, ensuring that surrogacy arrangements are ethical and fair for everyone involved—an approach we prioritize at Flowerday Fertility Law.

Your fertility lawyer will expertly manage and navigate the three legal steps in your surrogacy journey. First, they will assist you in establishing all necessary contracts, including the surrogacy agreement and any donor agreements for ova, sperm, or embryos. Second, during the pregnancy, your fertility lawyer will send a notice of surrogacy to the intended birthplace and healthcare providers, ensuring that the Intended Parents will be recognized as the medical decision-makers and can attend the birth, among other essential details. Finally, your fertility lawyer will guide you through the legal parentage process, working to rebut the presumption of parentage by the Surrogate and ensuring that the Intended Parents’ names are placed on the child’s birth certificate, officially confirming their legal parentage. We’d be delighted to support you through every step of this process!