What’s in a Canadian Surrogacy Agreement?
A surrogacy journey begins with hope. The hope of growing a family and the generosity of someone willing to help make that dream possible. Surrogacy in Canada is built on trust, compassion, and clear communication. One of the most important steps in that process is the Surrogacy Agreement.
In Canada, the law requires that everyone, Intended Parents and Surrogates enter a clear, written agreement before conception takes place. But what exactly goes into a Surrogacy Agreement? And why is it such an essential part of the process?
As a surrogacy lawyer in Canada, I work with families every day to ensure these agreements are more than just paperwork, they are the foundation for a safe, respectful, and legally secure journey.
What is a Surrogacy Agreement
To start off, let’s define what a surrogacy agreement is in Canada. A surrogacy contract is a written legal agreement between Intended Parents and a Surrogate that clearly outlines each party’s rights, responsibilities, and expectations throughout the surrogacy journey. In Canada, these agreements typically cover details such as medical decisions, expenses, confidentiality, and the process of establishing the Intended Parents’ legal parentage once the child is born.
Why a Surrogacy Agreement Matters
Under Canadian surrogacy law, Intended Parents cannot pay a Surrogate beyond reimbursing for expenses. Because of these restrictions, the legal agreement becomes the roadmap: it sets expectations, protects everyone’s rights, and ensures compliance with the Assisted Human Reproduction Act (AHRA).
Think of the agreement as a safety net. It outlines what each party is committing to, addresses potential “what if” scenarios, and gives everyone peace of mind before moving forward.
Key Sections in a Canadian Surrogacy Contract
Among many other important sections and clauses, here are some notable ones:
Background – Introduces who the parties are Intended Parents and Surrogate and sets the stage for why they are entering into the agreement.
Definitions – Provides clear meanings for terms like “embryo transfer,” “Intended Parent,” and “expenses,” to avoid confusion later.
Medical Screening – Confirms that the Surrogate has undergone medical screening at a fertility clinic and is cleared to proceed. It may also outline ongoing health checks.
Implications Counselling – Canadian clinics require both Intended Parents and Surrogates to receive independent counselling. The agreement acknowledges this step has been completed and that all parties understand the emotional, medical, and legal implications of surrogacy.
Confidentiality – Protects privacy by setting out what personal or medical information can be shared, and with whom.
Condition Precedent – Ensures all parties’ understanding that the Intended Parents’ obligations under the Surrogacy Agreement are conditional on the intended genetic relationship between parent and child being true.
Prenatal Obligations – The Surrogate agrees to follow medical advice and maintain a healthy lifestyle during pregnancy, while Intended Parents commit to providing support throughout.
Termination – Covers what happens if either party wishes to end the arrangement before an embryo transfer or during the early stages of pregnancy.
Selective Reduction – Addresses how decisions will be made if a multiple pregnancy occurs and doctors recommend reducing the number of fetuses for medical reasons.
Parental Rights – One of the most important provisions: the Surrogate confirms they are not the child’s parent, and the Intended Parents agree to assume all parental rights and obligations at birth.
Future Relationship – Sets expectations around contact after birth, whether ongoing communication or privacy.
Death of a Party – Provides guidance if a Surrogate or Intended Parent passes away during the process, clarifying responsibilities, decisions, and custody.
Insurance Needs – Confirms what coverage is in place—provincial health, extended benefits, or additional life/disability/health insurance policies.
Reimbursements – Details allowable out-of-pocket expenses under Canadian law (e.g., maternity clothes, travel, lost wages, childcare) and how reimbursements will be documented.
Dispute Resolution – Explains how disagreements will be resolved through mediation, arbitration, or court—helping ensure respectful outcomes.
How a Surrogacy Lawyer Helps
No two families are alike, and no two agreements should be either. A Canadian surrogacy lawyer ensures that:
The agreement reflects your unique circumstances.
Everyone fully understands their rights and obligations.
The contract complies with federal and provincial law.
Clinics receive the required legal clearance so treatment can move ahead smoothly.
Surrogacy is a deeply personal journey, but the law is what keeps it safe, ethical, and fair for everyone involved.
Final Thoughts on Surrogacy Contracts
A Surrogacy contract is more than a legal formality, it is the framework that helps families grow with confidence. Whether you are Intended Parents or a Surrogate, working with an experienced surrogacy lawyer in Canada will ensure your contract protects your interests and reflects your values and vision.
At Plaid Fertility Law, we combine modern tools with compassionate, attentive legal support to make this step straightforward, clear, and empowering.