Is it Legal to Pay a Surrogate in Canada? The Short Answer is No.

April 16, 2026  

In recent years, International Intended Parents have asked whether they can legally pay a Canadian Surrogate to carry their baby.  Some fertility professionals have suggested that this may be possible, which has created uncertainty for Intended Parents and Surrogates alike.  

To address these questions and concerns, the Addario Law Group LLP – a leading criminal and regulatory law firm in Canada – provided a legal opinion.  This legal opinion states that paying a Surrogate in Canada is a crime – even if the Intended Parents live outside of Canada.  

The legal opinion can be found here.  This confirms that, while surrogacy is legal in Canada, compensation must be limited to the reimbursement of expenses for your Surrogate.  

If you would like to discuss options for Canadian altruistic surrogacy, please book a call with us.