Across Europe and North America, a growing coalition of conservative policy groups, religious organizations, and a subset of feminist advocates is calling for the abolition of surrogacy in all forms. Although these groups rarely agree on matters of bodily autonomy, they have found common cause on surrogacy, often insisting that it is inherently exploitative, inherently dangerous, and inherently harmful to women and children.
As a Canadian fertility lawyer with 15 years of experience supporting Surrogates and Intended Parents, including LGBTQIA2S+ families, single parents, and people experiencing infertility, I see firsthand how far these claims are from the lived reality of ethical surrogacy in Canada.
The movement to eliminate surrogacy often draws from examples in jurisdictions where surrogacy is unregulated, commercialized, or driven by economic coercion. These vulnerabilities are real and must be addressed. But conflating unethical surrogacy with ethical surrogacy, and importing that narrative into Canada, is inaccurate, harmful, and risks dismantling one of the most compassionate, carefully regulated family-building frameworks we have.
This blog explains why surrogacy is being targeted, why the criticism often misses the mark, and why Canada’s regulatory model should serve as the global example – not be abolished.
Recognizing That Not All Surrogacy Is Alike – Ethical Surrogacy Exists
Calls for prohibition rely heavily on examples from countries where surrogacy occurs in unregulated or underground markets characterized by:
- informal recruitment
- limited medical oversight
- lack of legal representation for Surrogates
- coercive compensation structures
- contractual clauses restricting autonomy
- unclear parentage for children
These concerns are genuine, but they are not inherent to surrogacy itself. They are inherent to the absence of regulation.
Canada’s model, by contrast, is grounded in:
- informed consent
- autonomy and self-determination
- comprehensive medical and psychological screening
- independent legal advice for all parties
- intention-based parentage
- an altruism-centered financial framework
To claim that surrogacy is always exploitative is to ignore the profound difference between exploitation and regulated, rights-based, autonomy-driven care.
Rejecting the Myth That Surrogacy “Strips Women of Control”
One of the most common arguments (particularly from conservative and anti-LGBTQ+ groups), is that Surrogacy Agreements restrict women’s autonomy.
In Canada, this is simply not true.
A Surrogate in this country:
- makes every medical decision
- retains absolute bodily autonomy
- cannot be compelled to undergo any procedure
- may withdraw consent
- must receive her own independent legal advice
- signs the Agreement prior to any medical intervention
- participates knowingly and voluntarily
A Surrogacy Agreement in Canada cannot override medical decision-making. Canadian law does not allow it. The Surrogate’s autonomy is the central pillar around which the entire process is built.
The Surrogates I work with every day are:
- informed
- deliberate
- financially stable
- highly screened
- community-driven
- deeply motivated to help families
They are not passive actors or victims of circumstance. They are active, empowered participants choosing to help others, including LGBTQIA2S+ couples, intended single parents, and people facing infertility to build their families.
Understanding Why “Babies Cannot Consent” Is a Misleading Argument
Some critics argue that surrogacy is harmful because “babies cannot consent to the circumstances of their birth.” But by that logic, the following would also be ethically impermissible:
- IVF
- donor conception
- caesarean deliveries
- adoption
- embryo donation
- emergency interventions during labour
Children cannot consent to any birth circumstance. The relevant question is not consent, it is welfare.
Canada’s model protects children through:
- clear and stable legal parentage
- comprehensive implications counselling
- disclosure of medical and genetic background
- mental-health support throughout the journey
- intentional planning from conception to birth
Decades of research show:
- strong bonding between children and Intended Parents
- excellent long-term psychological outcomes
- high family-functioning scores
- no increased risk of identity confusion
Children born through ethical surrogacy thrive, including those born to LGBTQ+ families, intended single parents, and individuals who have navigated infertility.
Relying on Decades of Positive, Peer-Reviewed Data
Opponents frequently cite isolated cases from unregulated markets, while ignoring decades of rigorous research from Canada, the UK, the US, and the Netherlands showing:
- high satisfaction rates among Surrogates
- extremely low rates of regret
- strong psychosocial outcomes for children
- excellent mental health for Intended Parents
- high rates of Surrogates choosing to embark on multiple journeys
Surrogates consistently describe:
- empowerment
- meaning
- community
- autonomy
- robust screening
- supportive relationships
These experiences are not anomalies, they are the norm in regulated, ethical systems.
Recognizing That the Real Risk Is Lack of Regulation, Not Surrogacy
If the concern is exploitation, prohibition is the worst possible solution.
Banning surrogacy:
- pushes it underground
- increases medical risk
- erodes legal protections
- drives Intended Parents abroad into unregulated markets
- jeopardizes children’s citizenship
- removes Surrogates’ access to legal counsel
Prohibition does not protect women. Regulation does.
Canada’s model – altruistic, screened, and legally supported – is precisely the model that prevents the abuses opponents highlight.
Understanding Why Surrogacy Is Being Targeted Now
Several forces are driving the current push toward prohibition:
Anxiety about evolving family structures
LGBTQIA2S+ families, intended single parents, and people experiencing infertility have benefitted profoundly from surrogacy, which some conservative groups view as a challenge to “traditional family values.”
Misunderstandings around autonomy
Some feminist critics view carrying a pregnancy for another family as inherently exploitative, overlooking the voices of Surrogates who describe the experience as intentional, empowering, and freely chosen.
Economic concerns in unregulated jurisdictions
Concerns about reproductive tourism are valid, but these are arguments for better global regulation, not abolition.
Lack of international legal consistency
Citizenship disputes fuel anxiety, but the solution is coordinated frameworks, not eliminating surrogacy altogether.
The abolitionist movement is driven far more by fear and ideology than by evidence.
Centering Surrogates’ Voices Instead of Speaking Over Them
A striking feature of abolitionist discourse is how rarely Surrogates themselves are included.
The Surrogates I work with describe:
- the joy of witnessing parents meet their baby
- pride in contributing to LGBTQ+, single-parent, and infertility-facing families
- deep confidence in their decision-making
- robust autonomy throughout the process
- meaningful friendships and community connections
Silencing these voices is not protection. It is paternalism.
Women are fully capable of making informed, meaningful decisions about their own reproduction.
Strengthening, Not Eliminating, Canada’s Ethical Surrogacy Model
Canadian surrogacy is not perfect. We can and should improve:
- national consistency
- guidance on reimbursement categories
- real-time federal clarification
- mental health supports
- data collection
- a unified oversight body
But these are reasons for refinement, not eradication.
Canada’s current model already reflects:
- autonomy
- informed consent
- medical safeguards
- legal clarity
- child-centered planning
- meaningful Surrogate protections
- ethical financial constraints
This is the model the world should be studying, not dismantling.
Moving Forward: Advocating for More Ethics, Not Less Surrogacy
The question should not be: “Should surrogacy exist?”
The question should be: “How do we ensure surrogacy is ethical, transparent, safe, and child-centered?”
Canada already offers the blueprint.
When surrogacy includes:
- independent legal advice
- psychological and medical screening
- Surrogate autonomy
- documented reimbursements
- intention-based legal parentage
- strong child protections
- clarity for LGBTQIA2S+, infertility-facing, and single Intended Parents
…it becomes one of the most humane ways to build families.
Ethical surrogacy does not exploit women. It protects them.
It does not commodify children. It creates families.
And it does not undermine human rights.
It is grounded in human rights – autonomy, consent, equality, and the freedom to form a family.
Final Thoughts: Protecting Surrogacy Means Protecting Women, Children, & Families
The growing movement to eliminate surrogacy is not supported by evidence. It relies on fear, ideology, and a refusal to distinguish between ethical and unethical practices. It silences Surrogates, ignores decades of research, and collapses global surrogacy into a single, distorted narrative.
Canada’s ethical surrogacy model demonstrates that surrogacy can be:
- safe
- empowering
- regulated
- transparent
- child-focused
- rights-based
Rather than abolishing surrogacy, we should strengthen the frameworks that make it ethical.
Surrogacy is not the problem. Unethical surrogacy is.
Canada has already built the solution, and now more than ever, that model deserves protection.
If you’re considering surrogacy, supporting a Surrogate, or navigating the legal steps as Intended Parents, I’m here to help.
Reach out today for clear, compassionate, Canadian-specific guidance.