Surrogacy in British Columbia

Surrogacy in British Columbia

Whether you are considering building your family through Surrogacy or you want to become a surrogate mother in British Columbia you need to know that Surrogacy in British Columbia is legal.

British Columbia (Canada) is probably the most Surrogacy friendly Province in Canada and the legislation (Family Law Act, SBC 2011 c25) gives parties a lot of room to plan the intended parents their own families.

The presumption is that the intended parents are the parents, which means that the surrogate is not the biological mother. On the other hand, as the Act is presumptive, it is not necessary to obtain a declaration if there is no biological relationship between the intended parent or parents and the child, so:

  • Surrogate in British Columbia does not go on initial birth registration
  • DNA evidence not required
  • Immediate registration, court Appearance not required
  • It´s legal to have more than two parents
  • Sec 35 &36 -recognizing extra provincial declaratory orders, however there are no cases which have interpreted Sections 35 and 36. B.C. is a friendly surrogacy jurisdiction as far as parentage is concerned, but the recent changes in Ontario are equally friendly. The Assisted Human Reproduction Act is a federal statute (applies across Canada), but the Family Law Act is provincial and deals with the recognition of individuals to be parents, presumptively, in circumstances in which reproductive technology has been utilized.
Surrogate Mom in British Columbia
Surrogacy In British Columbia

Although declarations of parentage may not be necessary for British Columbia purposes, they are required by the law in foreign jurisdictions. For example, Quebec will not recognize the presumptive registration under the Family Law Act, and therefore, a declaratory order is required. Unless a declaration is required, no court appearance is necessary to obtain the birth registration pursuant to the scheme in the Family Law Act.

Surrogacy in British Columbia is a legal option and a highly rewarding alternative for intended parents (straight couples, same sex couples and single persons) who have difficulty starting their own family and they want to find surrogate mother in British Columbia to achieve their dream.

Remember that if you are entering an arrangement with a third party to help build your family through surrogacy in British Columbia, it is essential that you get in contact with a lawyer to ensure you are following the legal requirements.

Learn more about Surrogacy in Canada.