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Work with a surrogate

A surrogate is someone who agrees to become pregnant, carry and give birth to a child for someone else, known as the intended parent.

The surrogate and the intended parent must sign a surrogacy contract that says the intended parents are the legal parents of the child that the surrogate gives birth to. Once the child is born, the intended parents must get a court order naming them as the child’s legal parents.

On this page, “intended parent” refers to one or more people who intend to be the child’s parent and guardian.

Need to know

  • Both the surrogate and the intended parent(s) should get legal advice before deciding to be a surrogate or work with a surrogate.
  • The surrogate and the intended parent(s) must have a surrogacy contract that sets out the details of their arrangement.
  • There are strict laws about compensation for surrogates.
  • The egg and sperm used for the surrogacy may be from one or both of the intended parents or donated by other people.
  • Once the child is born, the intended parent(s) must get a court order naming them as the child’s legal parents.

Get started

Learn the basics about who are a child’s parents and guardians before you begin your surrogacy journey.

Deciding to expand your family through surrogacy is a big decision. There are professionals who can help you along the way.

Therapists who specialize in family planning can help you decide whether surrogacy is right for you. They can help you work through the emotions and process of surrogacy.

Surrogacy agencies throughout Alberta can help you throughout the surrogacy process. They can connect you with a surrogate, answer your questions and support you throughout the process.

Lawyers who specialize in surrogacy and fertility law can help you understand the laws about surrogacy in Canada, make a surrogacy contract and get a court order after the child is born to confirm who the child’s parents are.

Find a surrogate

You may already have a surrogate in mind, such as a family member or friend who has agreed be your surrogate.

If you do not have a surrogate, you can get help from a surrogacy agency. There are many surrogacy agencies across Alberta that can connect you with a surrogate and guide you through the surrogacy process. Search online for a surrogacy agency near you.

Make a surrogacy contract

The intended parent and surrogate must make a surrogacy contract. This contract sets out the roles and responsibilities of both the intended parent and surrogate.

The surrogacy contract should state:

  • which expenses the intended parent will reimburse the surrogate for
  • that the intended parent is the child’s only parent and the surrogate is not the child’s parent
  • the process for confirming who the child’s parent is after the child is born
  • how the surrogate will care for themselves and the child during the pregnancy
  • who makes decisions about the child during the pregnancy
  • what happens if the embryo transfer is not successful and the surrogate does not become pregnant
  • what happens if the pregnancy ends in a miscarriage
  • what happens if the surrogate dies, such as requiring the surrogate’s WillWill A legal statement of how a person wants their estate to be dealt with after their death. to name the intended parent as the child’s guardian if the child survives

The surrogate and the intended parent should get legal help to make the surrogacy contract. Before signing it, the surrogate and intended parent should get independent legal adviceindependent legal advice Advice that each person involved in a legal issue must get from their own lawyer. Usually the advice is about an agreement to resolve issues. Your lawyer will review the agreement with you to make sure you understand it. They will also let you know if the agreement is unfair or does not follow the law. The other person must see a different lawyer than you to get advice. from different lawyers to make sure the contract is fair and legal.

Lawyers can also make sure the surrogacy contract follows the two laws that deal with surrogacy in Alberta: Alberta’s Family Law Act and Canada’s Assisted Human Reproduction Act.

Know the laws about paying surrogates

The surrogacy contract cannot say the intended parent will pay the surrogate a sum of money. In Canada, it is illegal for an intended parent to pay or offer to pay a surrogate a fee. Anyone who does so can be fined up to $500,000, jailed for up to 10 years, or both. A small gift to say thank you is okay if the value of the gift is not so high it could be seen as compensation.

The intended parent may reimburse their surrogate for expenses directly related to the pregnancy and birth. These expenses may include:

  • travel, including parking, meals and accommodation
  • care for the surrogate’s dependents or pets
  • counselling services
  • legal services
  • medications
  • products or services prescribed by someone who is providing care to the surrogate
  • midwife or doula services
  • groceries
  • maternity clothes
  • phone and internet
  • prenatal exercise classes
  • expenses related to giving birth, such as the fees to use a birthing centre
  • health, disability, travel or life insurance policies

The total amount of expenses the intended parent may reimburse the surrogate for can range dramatically in the tens of thousands of dollars. The surrogacy contract can set out what reimbursements the intended parent will or will not pay.

If you are a surrogate

Be sure to get independent legal adviceindependent legal advice Advice that each person involved in a legal issue must get from their own lawyer. Usually the advice is about an agreement to resolve issues. Your lawyer will review the agreement with you to make sure you understand it. They will also let you know if the agreement is unfair or does not follow the law. The other person must see a different lawyer than you to get advice. before you agree to become a surrogate and sign a surrogacy contract with the intended parent.

Keep records of everything related to the surrogacy, including:

  • a copy of the surrogacy contract
  • receipts for expenses, including notes about how the expenses relate to your pregnancy, the child’s birth or your postpartum experience
  • a copy of the court order naming the intended parent as the child’s parent after the child is born

Create embryos

An embryo is created when an egg is fertilized by a sperm. The intended parent can use their own egg or sperm or a donor’s egg or sperm to create an embryo.

If the intended parent is using a donor egg or sperm or both, they should have a contract with the donor(s). The contract should say what is being donated, whether the intended parent is paying the donor and that the donor will not be the child’s parent. This donor contract is separate from the surrogacy contract, even if the surrogate and the donor are the same person.

A medical professional will transfer the embryo to the surrogate’s body only after a surrogacy contract and donor contract (if needed) are signed. If the transfer is successful and the surrogate becomes pregnant, everyone must follow the surrogacy contract.

Get a court order confirming the child’s parents

The law says the birth mother is a child’s parent unless a court order says otherwise. However, the goal of surrogacy is for the intended parent, not the surrogate, to be the child’s only parent.

Once the child is born, the intended parent must get a court order confirming they are the child’s parent.

  • If one or more intended parents provided the egg or sperm, they must get a declaration of parentage that the intended parents are the parents and the surrogate is not a parent.
  • If both the egg and sperm came from donors, the intended parent must get an adoption order for the child as well as a declaration of parentage that the surrogate is not a parent.

The surrogacy contract can say who will apply to court, either the intended parent or the surrogate.

Did you know?

Surrogates may be eligible to receive Employment Insurance (EI) maternity leave benefits and intended parents may be eligible to receive EI parental leave benefits. Learn more about EI benefits and eligibility on the Government of Canada’s website.

Next steps

  • Get help from a lawyer to make a surrogacy contract
  • Get an adoption order to name you as the child’s parents, if needed

Potential issues

The surrogate does not want to give up the child after giving birth.

The intended parent should talk to a lawyer who specializes in surrogacy and fertility law. The lawyer can help the intended parent get a court order naming them as the child’s parent.

The surrogate or the intended parent are not following the surrogacy contract.

Whoever wants to enforce the contract should talk to a lawyer who specializes in surrogacy and fertility law. The lawyer can give them advice about how to get the other person to follow the contract.

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