Canada allows gestation or surrogacy for all family models, regardless of their sexual and marital status. However, Canadian law establishes a series of restrictions that make the search for a surrogate difficult, which is why it is not a very common destination.
The only place in Canada where this reproductive method is prohibited is the province of Quebec, where the law establishes the surrogacy contract as void.
Are you considering a surrogacy process in Canada? According to the Assisted Human Reproduction Act Learn about the Canadian regulations on third party reproduction.
Here you will find 15 questions you must ask your surrogacy agency:
Are you considering becoming a surrogate. Do you love to be pregnant? Below are some common requirements for surrogates.
Altruistic gestational surrogacy, the practice of compensating only for pregnancy related expenses a woman to carry a baby that is not biologically related to her, is currently legal, or not expressly banned, in every Canadian province except Quebec.
Traditional surrogacy, though less common than gestational surrogacy, is allowed in Canada, if it’s based on altruism.
The Assisted Human Reproduction Act (AHRA) does prohibit commercial surrogacy; it is not allowed to pay a woman to carry a baby for someone else, but she can decide to become an altruistic surrogate. What does it mean? She cannot be paid a fee to act as surrogate, but she can be compensated for any out-of-pocket expenses related to the pregnancy.
In Ontario, after passing All Families Are Equal Act, the legal status of all prospective parents, independently of their sexuality, gender identity, means of conception or genetic relation is recognized by law.
Surrogacy has complex legal and medical steps that must be met. If you are considering to pursue surrogacy journey in Ontario, there are two main legal steps: the surrogacy agreement and the declaration of parentage. This last step, has been simplified and in some cases can be avoided thank to All Families Are Equal Act
1 Meeting with a surrogacy lawyer: This is the first step in your process. Prospective parents need to get independent legal advice.
2 Drafting the contract: IP’s attorney will draft the contract and afterwards it will be reviewed by the parents.
3 Getting independent legal advice for the surrogate: your gestational carrier will review the contract with her own attorney and may propose changes
4 The amendments: The IP’s attorney will make proposed changes
5 Signature and Execution: Surrogate and prospective parents will sign the final version of the contract. Medical procedure can start once the contract is signed.
As soon as you start to think about surrogacy and involving a third party in building your family, get in contact with an experienced surrogacy attorney.
Do you know what is a surrogate? all that you need abut what is a surrogate in this link
https://www.mysurrogatemom.com/gestational-surrogate-mother/
One of the first things you should know is the difference between gestational surrogacy and traditional surrogacy. These are the two main types of surrogacy.
A traditional surrogate provides her eggs in the surrogacy process so she will be linked to the baby. In gestational surrogacy the eggs are coming from the intended mother or an egg donor.
Gestational surrogates (also known as gestational carriers) are more common in Canada and the US than traditional surrogates due to the legal issues that the genetic connection between the surrogate and the baby could créate.
Also, when answering the question what is a surrogate mother, it’s important to understand the differences between commercial and altruistic surrogates. Some women don’t want to be paid to be surrogates, so they are called altruistic surrogates. Additionally, commercial surrogacy in not allowed everywhere, for example in Canada, commercial processes are banned and only altruistic surrogacy is allowed. If you are considering to become a gestational Carrier, get in contact with an experience family lawyer to get legal advice and learn about local regulations.
In any case the answer of this question is not easy as there are so many variables in a surrogacy process that can affect to the surrogate mother meaning, but at the end we can say that a surrogate mother is a person who gives the most precious gift ,the parenthood!!!
All that you need to know in this video
Whether you are considering becoming parents through surrogacy in Canada or becoming a surrogate mother in Canada, you need to know that surrogacy in Canada is legal but altruistic. That means that surrogate mothers cannot be paid for being a surrogate mother just be compensated for the expenses related to the surrogacy and the pregnancy.
Surrogacy in Canada is legal for all kind of intended parents (heterosexual, same sex and singles, and also for Canadian intended parents and international ones).
If you are seriously considering to pursue a surrogacy journey in Canada, it´s important you get in contact with a local surrogacy lawyer because there regulation in not the same in all the provinces (more surrogacy friendly: Ontario, Alberta and British Columbia; in Quebec surrogacy agreements are not legal) and about the types of surrogacy and their legal implications (the most common in Canada is the gestational surrogacy)
More info about surrogacy in Canada by province in this video
Surrogacy in Canada can be a challenging process, all the process started with the match between the surrogate mother and the intended parents, then the desired pregnancy and finally the paperwork arrives to come back home with the baby!
What is the process to follow if you want to get the Canadian Passport for the baby?
International Intended Parents wanting to go home soon shouldn’t wait till the last minute to start preparing this step.
1- Before you apply: you’ll need the birth certificate which can serve as proof of parentage and proof of Canadian citizenship. In some provinces, you’ll require the court order as well. Do consult with your surrogacy attorney
2- Fill in the Child passport application form
3- Passport photos – you might want to do that when your baby is the most active during the day. In Canada the eyes unfortunately need to be open and it needs to be done by a certified photographer who will need to stamp the back of the photos, so you can’t use an app. It can be very difficult to try to take a pic of our son when he was 3 weeks old, or sleeping or crying because we were sitting him to take the pic. Also you need to hold their head but your hand cannot appear in the pic – not very easy.
4- Guarantor – For a new passport application for your child, you will need to find a guarantor to sign the application and one of the passport photos. You must have known the guarantor personally for at least two years, must have knowledge of the child and must hold a five year or ten year Canadian passport that is valid or has been expired for no more than one year, on the day you submit your application. Your surrogate mother could act as your guarantor if she has known you for more than 2 years and has a Canadian passport
If you don´t have a guarantor you will need to provide some references. If you have not known an eligible guarantor for at least two years, you’ll have to complete form PPTC 132 “Statutory Declaration in Lieu of Guarantor” available from any passport office or by telephone. The form you are going to provide must be sworn to or declared before, and signed by, a person authorized by law to administer an oath or a solemn declaration in Canada (a attorney or notary for example) . The references must have known you for at least two years (as minimum) and they will check it
5- References: you might want to provide at least 4 references (they cannot be family members) as they will need to get hold of at least 2 of them to process the passport application. If the references are not located in Canada, then the embassy/consulate of Canada in your home country will be notified and requested to contact your references.
6 Processing time:
If you apply for the Canadian passport in person at passport office is 10 business day and by mail is 20 business days. Also urgent and express services are some locations. If you apply for urgent you do it in and you need to show a proof of upcoming travel. However even if you pay for an express or urgent service, they cannot guarantee it, it would depend on them being able to reach the guarantor/references.
You can get more info about the process here:
http://www.cic.gc.ca/english/passport/child/apply-how.asp
Surrogacy in Canada 