Yes, surrogacy is legal in Canada, but it is strictly regulated under the Assisted Human Reproduction Act (AHRA) and provincial laws. Commercial surrogacy is prohibited, though altruistic arrangements are permitted. The 2026 amendments to the AHRA will further tighten oversight, requiring mandatory pre-conception agreements reviewed by provincial health authorities.
Key Regulations for Surrogacy in Canada
- Prohibition on Payments: Only reimbursement for reasonable expenses is permitted; any form of payment to the surrogate is criminalized under Section 6 of the AHRA. Violations carry penalties up to $500,000 CAD or 10 years imprisonment.
- Pre-Conception Agreements: Mandatory written agreements must be approved by provincial health boards (e.g., Ontario’s Assisted Reproduction Agency) before embryo transfer, ensuring informed consent and legal clarity.
- Parental Rights: Intended parents must obtain a post-birth court order to secure legal parentage, as surrogacy contracts are unenforceable. Provincial family courts (e.g., BC Supreme Court) handle these proceedings under provincial family law frameworks.
The Canadian Fertility and Andrology Society (CFAS) and provincial health ministries enforce compliance, with 2026 amendments introducing centralized registry requirements for all surrogacy arrangements. Foreign surrogacy arrangements are permitted but subject to AHRA restrictions upon the child’s return to Canada.