What Rights Does a Surrogate Mother Have?

by | Jun 12, 2025 | legal guidance | 0 comments

A graphic about what rights does a surrogate mother have.

Surrogacy in Canada is a complex matter that confuses intended parents and surrogates. If you want to carry a baby for someone else, you may want to learn about what rights a surrogate mother has.

Entering a surrogacy contract without knowing your rights may cause you to regret your decision. We’re here to ensure such a thing doesn’t happen. Let’s dive into understanding surrogate mother legal rights in Canada. 

What Is Surrogacy In Canada?

Surrogacyis a process during which a woman carries a baby for intended parents. These parents may be:

  • Straight couples
  • Same-sex couples
  • Common law partners

When you carry a baby to give it to the intended parents upon birth, the process qualifies as surrogacy. The legalities of surrogacy are complex in Canada, which is why intended parents and surrogates must know their rights.

Explaining the definition of surrogate mother in Canada.

What Rights Does A Surrogate Mother Have?

In many situations, surrogate mothers experience more legal challenges than intended parents due to a lack of awareness. Being well-informed can help you decide whether you want to carry a baby for a couple. Let’s look at what rights does a surrogate mother have:

1. Legal Independent Advice

A surrogate always has the right to seek legal independent advice. This is not only a legal right, but also a requirement under Canadian law. You can meet a fertility lawyer with the intended parents to enter a surrogacy contract.

However, you must also seek independent advice from a law firm that is different than one that’s preparing your surrogacy contract. You should attend the appointment without the intended parents.

The right to legal independent advice ensures a surrogate can receive unbiased advice without any pressure from the intended parents’ presence.

2. Reimbursement For Surrogacy Expenses

The Canadian surrogate mother legal rights include reimbursement for expenses caused due to surrogacy. For example, if you live very far from the IVF clinic, the intended parents can reimburse your travel expenses.

Keep in mind that reimbursement is very different than getting paid for the surrogacy. You cannot receive:

  • Money directly for carrying the baby
  • Money indirectly in the form of gifts, clearing of credit card bills, and utility payments

There is also a legal limit to which a couple can reimburse the surrogate for expenses. A fertility lawyer can help you understand this right during the legal independent advice meeting.

Listing what rights does a surrogate mother have in Canada.

3. Change Her Mind Before Pregnancy

When wondering about what rights a surrogate mother has, most women don’t know they can change their minds. This is regardless of whether you’ve signed the surrogacy agreement already.

A surrogate can always change her mind before she’s pregnant. If you decide to take such action, you must inform the intended parents and your fertility lawyer.

The attorney will help you terminate the contract in a legally valid manner.

4. Terminate Pregnancy

Surrogate mother legal rights in Canadaallow a surrogate to terminate a pregnancy. You have the final say when wanting to abort the child, even after a surrogacy agreement has been signed.

If the surrogacy contract doesn’t mention anything that prevents abortions, the surrogate mother can decide at any time to terminate the pregnancy.

However, most intended parents add a clause to their contracts that allows surrogates to only terminate the pregnancy if medically essential. If your contract includes such a term, you cannot abort if the baby is not causing you any harm.

You may also face legal consequences if you violate a term of your gestational surrogacy agreement.

5. Refusing Uncomfortable Medical Procedures

While surrogacy is a good alternative to adoption, it doesn’t mean a surrogate mother has to follow all the instructions of the intended parents. You have every right to refuse procedures or examination processes that make you uncomfortable.

For example, you can refuse to get a scan done that poses a significant health risk to you. The intended parents cannot force a specific method of giving birth, such as natural delivery, if you want a C-section. 

Mentioning these things in the surrogacy agreement can help you protect your rights further.

Can Surrogates Decide To Keep The Baby?

A surrogate may decide to keep the baby at the end of the pregnancy. This will complicate the project, especially if a contract has been signed under the surrogacy laws Canada.

The intended parents can sue you for violating the agreement. You may also have to return the baby to them if the court recognizes your fault. If you’ve decided to be a surrogate, it is of utmost importance that you fulfill the terms of the surrogacy contract.

Speaking To A Fertility Lawyer For Surrogacy In Canada Will Protect Your Rights

Meeting a fertility lawyer in Scarborough and Whitbycan help you understand surrogate mother legal rights. These rights may differ from one province to another.

An experienced lawyer can help you understand the prohibitions of surrogacy in Canada. They may also offer you advice on terms that you should include in the gestational contract to protect your legal rights.

FAQs

Do Surrogate Mother Legal Rights Include Parental Rights?

A surrogate mother doesn’t have parental rights automatically if they signed a comprehensive surrogacy contract. They also don’t have any parental rights if the intended parents have already received a court order to be the child’s legal parents.

What Happens If A Surrogate Wants To Keep The Baby In Canada?

If a surrogate wants to keep the baby, she’ll have to establish parental rights. This may be difficult if you’ve already signed an agreement about not being the kids’ legal parents. A fertility lawyer can help you navigate the challenges of surrogacy and keeping the baby.

Do You Get Paid For Surrogacy In Canada?

You cannot get paid for surrogacy in Canada under the Assisted Human Reproduction Act. Surrogates can only receive reimbursement for medical bills, travel expenses, and prenatal care.

What Are The Pros And Cons Of Surrogacy In Canada?

Surrogacy in Canada offers strong legal protections through its altruistic model, but prohibits compensation beyond expenses. This creates safer arrangements for surrogates but leads to longer waiting times. Healthcare coverage provides excellent medical support throughout the process.

Let Barnett Law Help You Understand Surrogate Mother Legal Rights

Being a surrogate mother in Canada requires you to navigate legal complexities. You must also have a complete understanding of what rights a surrogate mother has.

A fertility lawyer, such as Barnett Law, can help you navigate surrogacy laws in Canada. We also offer independent legal advice to surrogate mothers to ensure they meet surrogacy Canada requirements.

Contact us todayto schedule a consultation about surrogacy rights and how to protect them in a contract.

Author Profile

Barnett Law
Barnett Law
Barnett Law is a trusted and knowledgeable lawyer in Scarborough. Her expertise spans real estate law, family law, adoptions and fertility law. A lawyer by profession and a humanitarian by heart, Athena Narsingh Barnett wants to help people become more familiar with the legal system and be well-informed to make important legal decisions.