Starting your journey
Surrogacy in Ontario
While most of the surrogacy laws in Ontario are similar to those in the rest of Canada, the determinations of parentage when a child is conceived is governed by the All Families Are Equal Act.
This provincial regulation recognizes the legal status of parents (regardless of sexual orientation, gender identity, or genetic relation), simplifies the declaration of parentage process if a prebirth surrogacy agreement is in place after both parties receive independent legal advice. A surrogacy agreement can be used as evidence of an intended parent’s plan to be the parent of a baby and the surrogate’s objective not to be the parent. If there is no preconception surrogacy agreement, a post birth court order can be obtained to validate parentage.
Must be 21-45 Years Old
Age restrictions are common with surrogacy. While there is no guarantee that there will be problems older or younger, women between these ages tend to be in the best health. They often feel the best overall and have the least health problems. They are the most likely to be active and least likely to take medications.
BMI under 35
This restriction is often similar in fertility clinics around the world. Healthy mothers do better with pregnancy and delivery. While overweight moms may do fine, they are more likely to have certain conditions during pregnancy. Requiring them to be a healthy weight minimizes this concern.
Mother to at Least One Child and You Have Custody
Becoming a surrogate means that you need to be capable of taking care of yourself for the sake of the baby. This also means that you need to be responsible. This rule means that irresponsible mothers will not be surrogates since loss of custody implies irresponsibility. This is for the health of the baby as much as anyone else.
Ontario Health Insurance
Social Security in Canada covers both the surrogate’s delivery, as well as any prenatal care of babies of Canadian parents. It does not cover the child of foreign citizens, so if the baby arrives prematurely , any costs will be the responsibility of the intended parents. Babies born via surrogacy should not receive an Ontario Health Insurance Plan card at the hospital regardless of whether or not the surrogate or intended parents are eligible. Intended parents will be issued a proof of birth letter. If they are from Ontario, they will take this letter with them to Service Ontario to apply for the baby’s OHIP.
In Ontario, it is possible to have up to four parents listed on the Birth Certificate
Ontario surrogacy regulation designed to protect the growing baby as much as the intended parents. However, it is strongly recommended that intended parents seek the assistance of legal counsel well in advance of the birth of the child. Additionally, If you are coming from another country, you must check with the birth registration and citizenship regulations of your home country as that can have an impact on how the baby should be registered in Ontario.