When Is Surrogacy Illegal In Canada?

by | Jun 17, 2025 | legal guidance | 0 comments

A graphic about when surrogacy is illegal in Canada.

Surrogacy is an opportunity that allows couples having difficulties conceiving to build a family. The legality of this option may provoke you to think about why surrogacy is illegal in Canada.

While the act is not illegal in the country, some of its aspects are a crime in Canada. If you want to understand more about the legality of surrogacy, you’re in the right place. Our expert lawyer will help you know is surrogacy illegal in Canada and the why behind it.

Is Surrogacy Illegal In Canada?

Surrogacy in Canada is not an illegal process. It can be a good alternative to adoptionif you and your partner want to invest in IVF. Every couple in the country can match with a surrogate and build a family.

The key thing you must ensure is compliance with the surrogacy laws Canada. This means your surrogate mother must meet specific requirements before she can carry a baby for you.

When Is Surrogacy Illegal In Canada?

Many people wonder why surrogacy is illegal in Canada because of a misconception. The country’s laws don’t condemn the action itself, but there are some prohibitions related to surrogacy.

For example, surrogacy is illegal in Canada if your surrogate mother is below the age of 21. All surrogates need to be above this age limit to safely carry a baby for intended parents.

Surrogacy in Canada is also illegal if you’re paying the surrogate mother for carrying the child. If someone is offering to carry a baby in exchange for a sum, surrogacy will be illegal for you.

Engaging in illegal surrogacy in Canada can cause you to face issues when establishing legal parentage. A child born out of illegal surrogacy may also experience citizenship and immigration issues.

The answer to when surrogacy is illegal in Canada.

What Is Paid Surrogacy In Canada?

Paid surrogacy in Canada happens when intended parents offer money or gifts to a woman for carrying their child. Section 6 of the Assisted Human Reproduction (AHR) Actstates that no one can:

  • Pay, offer to pay, or advertise to pay a surrogate mother for carrying a child
  • Accept consideration such as gifts, forgiveness of debt, or more for arranging surrogacy in Canada
  • Pay money directly to someone to arrange surrogacy
  • Persuade or ask a woman under the age of 21 to be a surrogate

These clauses of the AHR Act prevent paid surrogacy in Canada. You cannot make direct payments to a surrogate. Sending indirect payments to a surrogate mother is also prohibited.

Why Is Paid Surrogacy Illegal In Canada?

Paid surrogacy is illegal in Canada to ensure compliance with Canadian laws and prevent exploitation. Let’s look at these factors in-depth below:

1. Compliance To The Assisted Human Reproduction Act (AHR Act)

The AHR Act is a federal law in Canada for protecting:

  • Health of people who are using or born out of assisted human reproduction techniques
  • Safety of individuals who want to engage in assisted human reproduction
  • Dignity and rights of people who want to use assisted reproduction or are born out of it

It provides oversight for couples using IVF, surrogacy, and other reproductive techniques in Canada. All intended parents who pay a surrogate mother engage in illegal surrogacy according to the AHR Act.

If you want to be compliant with this federal law, you must avoid paying for surrogacy in Canada.

2. Prevent Exploitation Of Women

One of the main reasons why surrogacy is illegal in Canada (paid type) is to prevent the exploitation of young females. This is especially for women who are in a socioeconomically vulnerable position.

The law has been designed to prevent people from making surrogacy a business. Not only is paying a surrogate illegal, but also paying anyone acting as an intermediary for surrogacy services is illegal.

Under surrogacy laws Canada, a surrogate mother can only receive reimbursement for expenses caused directly by the pregnancy. This ensures that a surrogate mother doesn’t get paid and doesn’t have to spend her own money on pregnancy-related things.

3. Avoid Exploitation Of Children

Surrogacy can be exploited to have children, who may be treated as a commodity with no dignity. The AHR Act prohibits this action completely, which is why paid surrogacy is illegal in Canada.

It ensures that if intended parents are using surrogacy, they have the best interests of the child. Similarly, the law also ensures that surrogate mothers don’t use their reproductive abilities for commercial gain without caring about the type of family that receives the child.

There have been international cases where commercial surrogacies led to children being abandoned because of:

  • Collapse of financial arrangements
  • The birth of a child with disability or special needs

By prohibiting paid surrogacy, Canadian law attempts to protect the rights of children who are yet to be born.

What Is The Punishment For Violating The Assisted Human Reproduction Act?

The consequences of violating the AHR Act and engaging in illegal surrogacy are severe. Both the intended parents and the surrogate mother can face fines or imprisonment for prohibited surrogacy.

A list of punishments for illegal surrogacy in Canada.

Establishing parentage will be difficult if the authorities find out about the illegal surrogacy. You will also receive a criminal record, which will scar your professional and personal life.

FAQs

Is Surrogacy Legal In Canada?

Yes, surrogacy is legal in Canada if it is strictly altruistic without any commercial gain for any party involved.

What Is The AHR Act In Surrogacy?

The Assisted Human Reproduction Act is a federal law to protect the rights of a surrogate mother, intended parents, and soon-to-be-born children.

What Is The Difference Between Commercial And Altruistic Surrogacy In Canada?

Commercial surrogacy occurs when the intended parents pay the surrogate mother or an intermediary for arranging the surrogacy. An altruistic surrogacy is one where a surrogate only receives reimbursement and not any fees. The former is illegal, while the latter is legal in Canada.

Is Surrogacy Illegal In Canada With Reimbursement?

Surrogacy in Canada is not illegal if a surrogate mother receives reimbursement for out-of-pocket expenses. The act is only illegal if the surrogate receives direct fees for carrying the child, or she gets reimbursement along with other direct or indirect payments.

Why Is Surrogacy Illegal In Canada: Let Barnett Law Help You Understand Its Legality

Surrogacy laws Canada are difficult to understand because you may associate some prohibitions with the act itself. While paid surrogacy is illegal in Canada, most people believe the entire act of surrogacy is a crime.

Such individuals may also make you think why is surrogacy illegal in Canada. Barnett Law is an experienced fertility lawyer in Scarborough who can help you understand surrogacy laws. Contact us todayif you’re an intended parent requiring advice on your rights and surrogacy!

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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.