Surrogacy is legal in Canada; however, there are significant restrictions and limitations surrounding the process. It is therefore crucial to consult with a family lawyer regarding the legislation surrounding this developing field. We recommend that the intended parents and surrogate enter into a surrogate contract, stipulating the intentions and legal rights and responsibilities of each party. In Alberta, the Family Law Act recognizes assisted reproduction and surrogacy, and this legislation governs the legal issue of defining who will be a parent. Another important statute is the federal Assisted Human Reproduction Act.
Surrogacy law is a complex and evolving area of law. It crosses international borders, and it allows families the opportunity to have children enter their lives where previously they were unable to for a variety of reasons, whether a couple is same-sex, infertile, or for health risk reasons.
Click here to get in touch with a Soby Boyden Lenz LLP representative regarding how we can help with children’s issues.