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Altruistic Surrogacy (Legal in Canada)

This is the only type of surrogacy legally permitted in Canada.

 

What It Means:

· The surrogate cannot be paid for carrying the baby.

· She can, however, be reimbursed for out-of-pocket expenses directly related to the surrogacy (such as maternity clothes, travel for appointments, lost wages, medical costs, or prenatal vitamins).

· The goal is to ensure the surrogate is not profiting, but also not financially burdened.

 

Commonly Used:

· This is the standard and legally accepted form of surrogacy across all Canadian provinces.

· Most Canadian agencies, like Brick Surrogacy, operate strictly under this altruistic model.

 

Key Legal Point:

· All reimbursements must be documented and supported with receipts.

· Any “payment” or “reward” beyond reasonable expenses is considered illegal under federal law.

Gestational Surrogacy
This is the most common type of surrogacy in Canada.

What It Means:

  • The embryo is created via IVF using the Intended Parents’ or donors’ egg and sperm.

  • The surrogate has no genetic link to the baby — she simply carries the pregnancy.

 

Legal Simplicity:

  • Since the surrogate is not genetically related, legal parentage can be transferred after birth through a parental declaration or court order, depending on the province.

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