Below are commonly asked questions regarding surrogacy in Canada. If you have a question, feel free to contact us.

Q. What is surrogacy?
A. Surrogacy refers to an arrangement whereby a woman agrees to become pregnant for the purpose of gestating and giving birth to a child for others to raise. She may be the child's genetic mother or not, depending on the type of arrangement agreed to.

Q. What other terms are used to describe a surrogate mother?
A. There are 2 types of surrogate mothers, "gestational surrogates" and "traditional surrogates". Gestational surrogates are also referred to as "gestational carriers" or "host surrogates" and traditional surrogates are also referred to as "straight surrogates" or "classic surrogates".

Q. How many types of surrogacy arrangements are there?
A. There are 6 different types of surrogacy arrangements 1. Gestational, 2. Traditional, 3. Traditional with a sperm donor, 4. Gestational with an egg donor, 5. Gestational with a sperm donor, 6. Gestational with a donor embryo.

There are 6 types of surrogacy arrangements available for intended parents...

1. Gestational Surrogacy (GS):
   When the intended mother is not be able to carry a baby to term (due to hysterectomy, diabetes, cancer, etc.) her egg and the intended father's sperm are used to create an embryo (via IVF) that is implanted into and carried by the surrogate mother. With this method, the child born is genetically related to it's parents and the surrogate mother has no genetic relation.
   
   
2. Traditional Surrogacy (TS):
   This involves artificially inseminating a surrogate mother with the intended father's sperm via IUI, IVF or home insemination. With this method, the child born is genetically related to it's father and the surrogate mother.
   
   
3. Traditional Surrogacy & Donor Sperm (TS/DS):
   This involves artificially inseminating a surrogate mother with donor sperm via IUI, IVF or home insemination. With this method, the child born is genetically related to sperm donor and the surrogate mother.
   
   
4. Gestational Surrogacy & Egg Donation (GS/ED):
   If there is no intended mother or the intended mother is unable to produce eggs, the surrogate mother carries the embryo developed from a donor egg that has been fertilized by sperm from the intended father. With this method, the child born is genetically related to the intended father and the surrogate mother has no genetic relation.
   
   
5. Gestational Surrogacy & Donor Sperm (GS/DS):
   If there is no intended father or the intended father is unable to produce sperm, the surrogate mother carries an embryo developed from the intended mother's egg (who is unable to carry a pregnancy herself) and donor sperm. With this method, the child born is genetically related to the intended mother and the surrogate mother has no genetic relation.
   
   
6. Gestational Surrogacy & Donor Embryo (GS/DE):
   When the intended parents are unable to produce either sperm, egg, or embryo, the surrogate mother can carry a donated embryo (often from other couples who have completed IVF that have leftover embryo's). With this method, the child born is not genetically related to the intended parents and the surrogate mother also has no genetic relation.
   (Click here for an Embryo Adoption Program)

Q.  What is the difference between commercial surrogacy and altruistic surrogacy?
A. Commercial surrogacy refers to surrogate mothers who receive a fee, whereas altruistic surrogacy refers to surrogate mothers who do not receive any fees, only reimbursement for out-of-pocket expenses.  Commercial surrogacy is now prohibited in Canada but common throughout the US.

Q. How many Canadians are affected with infertility?
A. It is estimated that 650,000 Canadians (or 1 out of 6) are affected with some form of infertility.

Q. Is surrogacy legal in Canada?
A. Yes, surrogacy is legal in Canada. However, in the province of Quebec surrogacy agreements are null and have no legal standing.

Q. Do surrogate mothers get paid?
A. Acting as a surrogate mother can accumulate substantial expenses and place a financial burden on a surrogate mother's own family.  In Canada, surrogate mothers can be reimbursed for their out-of-pocket expenses only. 

Q. What is considered  "out-of-pocket expenses"?
A. Out-of-pocket expenses can include... clothing, food, prenatal vitamins, childcare, travel costs, lost wages, medications, medical bills, etc.  (Consult your lawyer for more information on allowable expenses).

Q. How many surrogacy arrangements have there been in Canada?
A. There are no known statistics, but it is estimated to be between 50-100 cases.

Q. Has a surrogate mother in Canada ever changed her mind in relinquishing custody of the baby?
A. No.

Q. How old do you have to be to be a surrogate and when is it "too old"?
A. Surrogate mothers should be between the ages of 21-45 years old.

Q. What is the embryo transfer process like for a gestational surrogate?
A. While cycling with an IVF clinic, the surrogate and egg donor/intended mother are both started on birth control pills (or injectable Lupron - medication may vary) to coordinate their cycles.   Once the surrogate mother begins her period she will then start an estrogen supplement in the form of injection, pills or patches.  The estrogen helps to build a "triple pattern" uterine lining in preparation for the embryo transfer.  A few days prior to the embryo transfer, the surrogate mother will then start a progesterone supplement in the form of injections or vaginal creams/capsules.  The progesterone helps the body to maintain a pregnancy if the transfer is successful until the surrogate mother's natural progesterone kicks in.  (Because surrogate mothers are "suppressed" during cycling and do not ovulate, their body will not produce the progesterone needed to support a pregnancy).  The actual embryo transfer procedure takes only a few minutes and is simple and painless.  It is very much like a pelvic exam or pap smear.  The reproductive endocrinologist will insert a speculum into the vagina and insert a thin catheter through the cervix and into the uterus.  Usually under ultrasound guidance, the embryo's are then transferred through the catheter into the uterus.  Once the embryo's have been placed the catheter is removed and given back to an embryologist to confirm that all embryo's were transferred.  Afterwards the speculum is removed and the surrogate mother will be asked to rest for approximately one hour before leaving the clinic.  It is common for surrogate mothers to adhere to 24 hours of strict bedrest followed by 1-3 days of limited bedrest.  A pregnancy blood test is given 10-14 days after the embryo transfer and if the surrogate mother is pregnant, she will continue taking medications for another 10-14 weeks.

Q. Why would a woman want to carry a baby for someone else, only to give it away?
A. Most surrogates enjoy being pregnant, have children of their own and genuinely want to help another couple experience the joys of parenthood. They don't view giving the child to his or her parents as "giving away" but more as "giving back" to it's parents (since they were the ones that conceived the child either through IVF treatment or with their "intent".) This is why some surrogates often state "I'm a 9 month babysitter!"

Q. How do intended parents truly bond with their child if they do not experience the pregnancy and birth themselves?
A. Just like a child that is adopted or fostered, children born through surrogacy are wanted and loved. They may not have "grew under their mother's hearts... but they grew in it". Children need to know that they are wanted and loved and in a nurturing environment they thrive. Children born through surrogacy have many people taking part in their creation with not only their parents, but a surrogate mother and her family, doctors, nurses, lawyers, and sometimes egg or sperm donors. It doesn't get much more special than that!

Q. Why don't surrogate mothers get "attached" to the baby?
A. Most women would never entertain the idea of being a surrogate mother let alone acting as one. This is because surrogate mothers often feel they have a "calling" to carry a child for someone else and they know immediately that they can do it. From the beginning a surrogate mother sees the hopes and dreams of a family through the intended parents and a strong friendship is often formed. Intended Parents are usually with the surrogate mother during the IVF process and when the embryo's are transferred (an emotional moment for those involved) the surrogate mother can witness the intended parents already bonding and yearning for their hopeful baby via ultrasound. It is at this point (before actual implantation in the womb) that surrogate mothers physically see that they are carrying someone else's baby and bond with the new family they are helping to create. The intended parents often take part in ultrasound/doctor appointments, have a baby shower with the surrogate mother and her family and some even create audio tapes for the surrogate mother to play for the baby while pregnant so that the baby can begin bonding with their voices. Intended Parents are involved with the birth and start caring for their child immediately. There are some ethicists that believe that surrogate mothers are cold and uncaring because they are unattached from the child they are carrying but this is a misconception. Surrogate mothers do attach and bond to the child they are carrying but in a different way. Today, many surrogate mothers have an ongoing relationship with the children and families they help create and some are incorporated as an extension to the new family.

Q. Why are there some people that think surrogacy is wrong?
A. Everyone is entitled to their opinion, but in many circumstances, those against surrogacy are uneducated and/or misinformed about the surrogacy process. I think it's important to note as well that people are often against things they don't understand or if they feel it has nothing to do with themselves. Many people today in our fast paced and on demand society don't value children and family as much as they did before. For those who have had children already and are unsupportive, what right do they have to judge when they have never had to deal with infertility themselves. They can not relate because they have never experienced it. It's okay to not agree with someone's decision, but you should still support them regardless and be there for them.

Q. Is there a stigma attached to surrogacy and 3rd party reproduction in Canada?
A. Unfortunately... yes. Just like there are still stigma's attached to mental health, AIDS, etc... As long as people stay misinformed and/or uneducated about a topic, the longer the stigma will remain.

Q. Why do couples use surrogacy when they could just adopt?
A. First of all, many couples that turn to surrogacy have already tried or have adopted a child already. They may have adopted and never knew surrogacy was an option until afterwards, and/or they want to add on to their family. Some couples have been hurt through the adoption process since many birth mothers decide to keep the baby after birth, even after the intended couple has already bonded with the child during the pregnancy. A failed adoption is usually devastating and heartwrenching for a couple to endure, some will go through it numerous times before they refuse to attempt again at all for fear of getting hurt once more. Adoption is more difficult in Canada today than it was in the past. There are now more government programs to help women with unplanned/unwanted pregnancies and there is no longer a social stigma placed on being an unwed mother. Couples looking to adopt have to go through a lengthy process to even qualify for adoption with applications, background checks, references and homestudies. Adoption is also an expensive process and wait times are often at least 5-10 years. There is also the issue of children available for adoption often coming from severe neglect, malnutrition, abuse, and they can have physical/mental handicaps or serious medical problems. Most adoptions are now open adoptions and many couples strongly fear bonding with a child only for them to lose custody if the birth parents change their minds.

Q. Some ethicists believe the only reason women do surrogacy is for the money. What are your thoughts on this?
A. I think it is very stereotypical and ingnorant to view women's motivations for surrogacy in this manner. If women only did surrogacy for money then why is there a lack of surrogate mothers? Why don't more women go into surrogacy? How many women do you know that would say no if you asked them to consider being a surrogate mother? If money was the true motivator than there would be more women volunteering to act as surrogate mothers. Most people have a negative opinion of surrogacy because they either don't know how the process works and/or have only heard the negative stories (such as the Baby M case in New Jersey in the 1980's). Most people don't hear about the successful, happy stories, and most people do not empathize with those who cannot conceive.

Q. Does my blood type affect whether I can help a couple through surrogacy?
A. It does not matter what your blood type is to be a surrogate.

Q. I have had 2 caesarean sections, does this affect my ability to be a surrogate mother?
A. Most surrogate mothers undergo physical tests to determine whether she is a suitable candidate for surrogacy. One of these tests include ultrasound or xray of the inside of the uterus to check for abnormalities. If you have had a casearean previously and the tests show no scarring from the incision than it is of no concern. Some women have had 3 caesareans or even more and have no scarring in their uterus and go on to carry as a surrogate mother. (I personally had a caesarean in 2000 with the twins and in 2002 I had a saline sonohysterogram which showed no scarring and I went on to give birth to my youngest son in 2003.)

Q. How important are contracts? What exactly do they define in the arrangement?
A. Contracts show "intent of the parties" and help as a guideline to a surrogate mother and the couple on many issues that occur (or could occur) during the relationship. There are sample contracts for informational purposes on the "articles" section of this website.

Q. How enforceable is a surrogacy contract (either gestational or traditional) in Canada if the surrogate changed her mind?
A. A contract in a traditional surrogacy arrangement would be unenforceable if the surrogate changed her mind. She would have to be proven unfit for the child to be removed from her. However, since there is no precedent in Canada (no surrogacy arrangement has gone before the courts) it is difficult to speculate for sure as it would depend on the judge residing over the circumstances. The intended father would most likely have legal rights to visitation if pursued since he would be the genetic father, but he could also be required to pay child support. If a gestational surrogate mother changed her mind she would have all rights to the child at birth whether a contract was in place or not (since Canada does not have "pre-birth orders" like in Calfornia). The intended parents would have to pursue legally and hopefully the courts would recognize the contract intent and DNA tests proving genetic parentage. Since there are no precedent cases no one can answer with certainty if the intended parents would be able to claim full custody of their child. I would suspect (and hope) the judge would recognize that they are the only true and legal parents of the child and rule in their favour. It is also worth noting that if a gestational surrogate mother did decide to keep the child at birth with malicious intent she could be required to compensate the intended parents for their legal costs and possibly other expenses.

Q. Are there laws that DO protect intended parents in a surrogacy arrangement??
A. In California and Arkansas, surrogacy contracts are recognized and upheld in court. These US states also have "pre-birth orders" which are documents prepared during the pregnancy recognizing the intended parents as the legal parents. At birth, the intended parents have full legal custody of their child if this document is in place. Canada does not have "pre-birth orders" because the law does not recognize a fetus as being a child. Hopefully this law will change in the future. Some Canadian intended parents purposely go to California for a surrogate mother for protection under these laws.

Q. Will provincial health plans cover surrogacy treatments, pregnancy and birth?
A. Provincial health plans do not cover IVF but will cover a surrogate mother's pregnancy and birth. Canada's health care system is not the same as in the US. Our health care system is paid for through federal and provincial tax systems. However, any medical treatment needed before the pregnancy (such as fertility drug blood works/endometrial lining checks via ultrasound/physicals/gynaecological exams/doctor visits) are NOT covered. They are considered 3rd party medical because they are for fertility treatment.

Q. Will I have to report my out-of-pocket expenses when I file my income tax?
A. No. But you should report it if you are receiving any type of subsidy or assistance from the government (child subsidy, EI, etc...)

Q. What are your thoughts on the terms "womb4you","oven","womb service" & "womb 4 rent" that are used to describe surrogate mothers?
A. My personal opinion is that they are degrading and derogatory towards surrogate mothers and I refrain from using them. Proper terminology in surrogacy is: surrogate mother, gestational surrogate and/or traditional/classic surrogate, fertility assistant, and host carrier. The other terms seem to imply some type of commercial service and is more commonly used by American surrogates where surrogacy is commercialized.

Q. Why is surrogacy controversial in Canada?
A. Canada is divided on it's views in regard to surrogacy. Those in support feel that women and couples should have the right to choose what they will or will not do with their own bodies and have full control over their reproductive rights (I can have an abortion so I can carry a baby as a surrogate right?) Those against surrogacy feel that it is degrading towards woman and can be grouped with prostitution and slavery. They believe it is against true family values, turns children into commodities and children that are "products of surrogacy" will have lasting psychological and social damage. The government surveyed Canadians in 1993 and found the country was divided, but that the majority of Canadians felt 3rd party reproduction and cloning were unethical (the government put 3rd party reproduction and cloning into the same bill).

Q. I don't understand the legislation, can you explain it?
A. Although Health Canada has identified the prevention of infertility as a priority there was no mention of this in the proposed legislation to requlate 3rd party reproduction. In addition, the Royal Commission on New Reproductive Technologies made more than 60 recommendations focused on preventing infertility and only a few were implemented. It took more than 8 years and 28 million dollars of Canadian taxypayer money to adopt this reproductive legislation! Assisted Human Reproduction Canada (AHRC) was established in Vancouver on January 12, 2006, to administer and enforce the Assisted Human Reproduction Act (AHR) which became law in March 2004. Its mandate is to protect and promote the health and safety, human dignity and human rights of Canadians who use or are born of assisted human reproduction technologies, and to foster ethical principles in relation to assisted human reproduction and other related matters under the Act. The agency becomes operational with a Board of Directors now in place. On December 21st, 2006, the Honourable Minister of Health Tony Clement was pleased to announce the appointment of Dr. Elinor Wilson as President, and Dr. John Hamm as Chairperson of the new federal agency Assisted Human Reproduction Canada. The Minister also appointed eight additional members to this inaugural Board of Directors of the Agency.

Q. What is considered illegal activity under the new legislation?

• Pay, offer to pay, or advertise payment, to a surrogate mother.
• Accept payment for arranging for the services of a surrogate, offer to make such an arrangement for payment, or advertise the arranging of such services.
• Counsel, induce, or perform any medical procedures to assist a woman to become a surrogate if she is under 21.
• Reimburse a surrogate for an expenditure incurred by her in relation to her surrogacy, except in accordance with regulations and a licence, and where a receipt is provided.
• Reimburse a surrogate for loss of work-related income incurred during her pregnancy, unless a qualified medical practitioner certifies, in writing, that continuing to work may pose a risk to her health or that of the embryo/fetus; and the reimbursement is made in accordance with the regulations and a licence, with a receipt is provided.

Criminal penalty: A fine of up to $500,000 and up to 10 years in jail. Reimbursing a surrogate for her expenditures during gestation has became a controlled act and now requires a licence and compliance with regulations that are still pending.

Q. Is surrogacy legal in other countries?
A. Surrogacy is banned in Switzerland, Germany, Belgium (and many others). In Israel, commercial surrogacy is legal, yet familial and altruistic surrogacy are banned because of religious reasons related to incest and adultery. In the US, some states recognize surrogacy and some have banned it (for example, California and Arkansas are considered "pro-surrogacy states", Michigan and New York do not recognize contracts and in Utah, it is completely banned). The UK and Australia permit altruistic surrogacy only.

Q. Are there risks to the health of surrogate mothers?
A. Yes, there are many risks. Surrogate mothers risk all complications that can come from pregnancy and birth. (For a full detailed list, click here....

Q. How do we find a surrogate mother since we have no family or friends that are willing?
A. Because agencies are now illegal, couples must find a surrogate mother on their own. Most do this via the internet with classifieds posted on major surrogacy websites. (You can find links to these websites on the links section of this website). Another option is to use an American surrogacy agency that can provide you with profiles of screened/approved surrogates. These agencies assist in the surrogacy process from the beginning until the end. The cost is approximately $5-18,000 for these agencies, depending on which services you choose.

Q. Is finding a surrogate mother over the internet safe? How do you know they are "for real"?
A. When you search for a surrogate mother via surrogacy internet classifieds it's best to post your own ad describing a little about yourselves, your situation and what you are looking for in your surrogate mother (her health, location, family life, etc...). You can also reply directly to ads already posted as well, but it's more successful to place your own and let surrogate mothers contact you (since many will not make an ad for themselves as they match so quickly). You will most likely start talking to many women, all from different backgrounds and it may take some time to find the one that you feel is "right". Once a connection is made (through pictures and information shared), most couples and surrogates begin talking on the phone and then meet in person. Do not send any money to potential surrogate mothers without verifying her information, either through references and/or copies of medical information. If you do send money at all to pay for prescriptions, doctor's appointments, etc, be sure that a contract is in place between all parties. Once a contract is in place, the surrogate mother will meet with the consulting RE (reproductive endocrinologist) and then be "approved" to act as your surrogate mother.