Destination profile: Surrogacy in Canada

Australian intended parents considering international destinations might come across surrogacy in Canada as an option.

Note: nothing in this article qualifies as legal advice, nor does it replace advice from a lawyer who can give advice about surrogacy in Canada. The surrogacy and political landscapes can change dramatically at short notice and this article will not be updated frequently. Sarah is not able to verify with 100% accuracy the information in this article.

Intended parents should consider what best practice, ethical surrogacy looks like and research widely before choosing a pathway. Agencies, intermediaries and trade shows are often conflicted from giving unbiased advice. Australian consumer laws will not protect intended parents if an international business does not deliver on their promises.

Canada is in North America with a population of more than 40 million. English and French are the official languages.

Australia’s Smartraveller website provides up-to-date information for travellers to Canada. In July 2025, Smartraveller advised travellers to exercise normal safety precautions in Canada.

Legal Status: Surrogacy in Canada is regulated in part at the national and provincial levels. Gestational surrogacy is available and open to singles and heterosexual and gay couples. Payments to surrogates are prohibited, other than for receipted expenses and intermediaries are restricted from accepting payments for arranging the services of a surrogate.

Risks: There are always some risks in engaging in surrogacy internationally. You should obtain legal advice from an independent lawyer practising in Canada.

Healthcare: Canada does not provide reciprocal healthcare for Australians – make sure you have adequate travel insurance and that your baby will have health insurance and access to healthcare in Canada.

Safeguards: Intended parents should satisfy themselves that safeguards have been met, including that:

• adequate legal protections are available to intended parents, the surrogate and the child.
• the surrogate has been medically and psychologically assessed and has access to psychological support.
• the surrogate can read and understand the surrogacy contract, and is assisted by an interpreter when needed – including during medical treatment.
• the surrogate and the child will have access to high quality healthcare, before, during and after pregnancy and birth.
• the parties have access to legal advice from an independent lawyer – one that is not employed by an agency or clinic.

Egg Donation: Egg donation is altruistic in Canada, and is usually facilitated by surrogacy agencies and clinics. A child has a right to know their genetic and birth heritage, and anonymous donation is not considered to be in a child’s best interests.

Parentage and birth certificates:  For children born via surrogacy in Canada, intended parents are usually able to obtain a birth certificate listing both intended parents and the full name they have chosen for the child. Parentage is regulated at the provincial level, meaning that the process for obtaining parentage orders and birth certificates will vary depending on where the surrogate delivers the baby.

Australian recognition: intended parents pursuing surrogacy in Canada should seek independent legal advice from an Australian lawyer. Australia does not necessarily recognise an international birth certificate or court order.

You might be interested exploring other international surrogacy destinations. There are destination profiles for most popular destinations.

Intended parents explore many different international surrogacy options. Find more information including links to Facebook groups about different options.

If you are considering surrogacy in Australia, you can read about how to find a surrogate, or how to become a surrogate yourself. You can also download the free Surrogacy Handbook which explains the processes and options.

You can read a broad overview for surrogacy in Australia and how it works.