Fridays’ Surrogacy eh?

December 11, 2009 at 8:39 pm 2 comments



In Canada, the laws of surrogacy fall under the”Assisted Human Reproduction Act”. This act covers everything from cloning to surrogacy.

Here is a quick synopsis of The Assisted Human Reproduction Act  states the following:

  1. We, Canucks can not pay a fellow Canuck to carry our baby, it’s illegal.
  2. We can not pay an intermediary to “arrange” a surrogacy.
  3. A surrogate MUST be 21 years of age or older.
  4. We can pay all reasonable expenses to our surrogates.
  5. We can pay for loss related income (provided an OB says that they can not work).

So, what does this really mean, I’m not quite sure. There are agencies in Canada, some of them with fabulous reputations (note I have never worked with an agency – so can not personally vouch for anyone. I have worked with a “fertility coach” and that will be a whole other feature in a future post). As far as I know, none of these agencies have been prosecuted.

For the low down on IPs work with this legislation email me at

My only other tip on this legislation is that it is currently being examined by the Supreme Court of Canada. From what I understand Quebec is challenging the Federal Governments ability to write legislation that addresses Human Reproduction. Because of this challenge, and fear that if overturned the Quebec government will make Surroacy illegal, most clinics in Quebec are recommending that IPs work with surrogates from any other province, afterall no one wants to be mid- journey and realize that surrogacy is illegal.


Entry filed under: Surrogacy Eh? Surrogacy in Canada. Tags: , , .

Please send good thoughts. 5.More.Sleeps.

2 Comments Add your own

  • 1. Amanda  |  December 13, 2009 at 10:33 pm

    Good post. The bill that was passed is so vague, there are no clear cut ‘rules’ or ‘set behaviours’ when it comes to surrogacy. As for agencies, I know the agency I work for there is no payment for matching…but rather its about a consulting service.

    We co-ordinate everything from doc appts, to life insurance to lawyers, social workers, and the like. Then we support our IPs and surros through it, hence my job. Also we handle the financial aspect of reimbursement for out of pocket expenses and such so it’s a myrid of things that we do, hence not charging for matching.

    Anyway, just wanted to put that out there. But your right, the government needs to get their nose out of the business of such matters and into the business of properly running the county. Sigh….

  • 2. Sarah  |  December 14, 2009 at 7:02 am

    Hi Duck:

    I think that we are actually pretty lucky to be living were we live. I know IP’s from many different counteries where surrogacy is illegal and they have to go to major lengths to grow their families.

    I have heard of mixed things regarding Quebec. Just recently, there was a surrogacy in the news that was a traditional surrogacy which turned extremely messy. Sad really but the messy surrogacy arrangements are all the media writes about.


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