Surrogacy Requirements in Canada: Who Qualifies as a Surrogate or Intended Parent

One of the most common calls I take is from someone who has already decided they want to pursue surrogacy — they just don't know if they qualify.

Sometimes it's a woman who wants to be a surrogate but isn't sure her situation meets the requirements. Sometimes it's intended parents wondering whether their family structure or medical history creates complications.

The answer is almost always: it depends on more than a checklist. But the checklist is where we start.

Requirements to Become a Surrogate in Canada

Age

Surrogates must be at least 21 years old in Canada. There's no hard upper age limit in law, but most clinics and agencies have their own cutoffs — typically somewhere between 40 and 45 — based on pregnancy risk factors.

If you're over 38, a fertility clinic will want to do additional assessments before approving you for a transfer. That's not a rejection — it's due diligence.

Prior Successful Pregnancy

This is non-negotiable. You must have had at least one prior pregnancy that resulted in a live birth, and that child must currently be in your care.

Why? Two reasons. First, it confirms your body can carry a pregnancy to term. Second — and this one matters just as much — it means you understand what pregnancy and birth feel like before doing it for someone else. You're not discovering the experience of childbirth on someone else's behalf.

Physical Health

You'll undergo full medical screening at a fertility clinic. This includes bloodwork, a uterine assessment, and a review of your obstetric history. The clinic is looking for anything that would elevate pregnancy risk for you or affect the likelihood of a successful transfer.

BMI is assessed as part of this — most clinics have ranges they require, not because of judgement, but because BMI affects anesthesia risk, transfer success rates, and pregnancy complication rates. If your BMI is outside the clinic's range, that's a conversation worth having early.

A history of certain conditions — uncontrolled diabetes, active cancer, certain clotting disorders — may disqualify you medically. Many other conditions that might sound disqualifying are evaluated case by case.

Mental Health Screening

Every surrogate completes a psychological evaluation with a counsellor experienced in third-party reproduction. This isn't looking for reasons to disqualify you — it's making sure you've genuinely thought through what surrogacy involves, that you have support in your life, and that you're doing this for the right reasons.

The counsellor will ask about your family, your motivations, your understanding of what relinquishing the baby looks like emotionally, and whether your partner or support network is on board.

Stable Life Circumstances

Agencies look for stability: stable housing, no active major life stressors, a support network around you, and a partner or co-parent who is genuinely supportive of the journey if you have one.

This isn't about perfection. It's about whether this is the right time in your life to take on a 12-to-18-month commitment that involves significant physical and emotional investment.

No Active Financial Distress

Surrogacy in Canada is altruistic — surrogates are reimbursed for expenses, not paid a wage. This is a legal requirement under the Assisted Human Reproduction Act. If the primary motivation is financial, that creates legal risk for everyone involved.

Agencies screen for this, and so do the lawyers who draft the surrogacy agreement. It's not that surrogates don't face real financial pressures — they often do, and reimbursements help. But the foundation has to be genuine care for the intended family.

Requirements to Become an Intended Parent in Canada

Canada's legal framework for surrogacy is relatively welcoming compared to many countries. There are no restrictions based on marital status, sexual orientation, or family structure. Single parents, same-sex couples, heterosexual couples, and non-traditional family structures have all built families through surrogacy in Canada.

Medical Need

There's no strict legal requirement that intended parents prove medical need, but in practice, the journey begins with working with a fertility clinic who will want to understand your situation. Common circumstances include:

• Absence of a uterus (congenital or surgical)
• Conditions that make pregnancy medically dangerous
• Recurrent pregnancy loss
• Failed IVF cycles
• Same-sex male couples or single men
• Other medical or physical circumstances that make carrying a pregnancy impossible or unsafe

If you have your own embryos already created, or if you'll be using donor eggs or sperm, your clinic will walk you through the specifics of your protocol.

Legal Eligibility

Both intended parents must be legal adults. There are no age restrictions in Canadian law, though clinics may have their own policies for older intended parents (particularly around donor gametes and medical protocols).

International intended parents can pursue surrogacy in Canada — the legal framework here is among the most accessible in the world for international families. There are additional legal steps involved around citizenship and bringing a baby home, and you'll need a lawyer familiar with international surrogacy cases.

Financial Capacity

A complete surrogacy journey in Canada typically costs between $80,000 and $120,000 CAD. This includes agency fees, surrogate reimbursements, legal fees, fertility clinic costs, and insurance. Intended parents need to demonstrate they can fund the journey — not to the government, but to themselves and their agency.

Going in underfunded is one of the most stressful things that can happen mid-journey. Work out your full budget before you begin.

What Disqualifies Someone?

For surrogates: active health conditions that create unacceptable pregnancy risk, no prior live birth, being under 21, active major mental health crises, or circumstances where the primary motivation appears financial rather than altruistic.

For intended parents: there are very few absolute disqualifications in Canadian law. The main practical limitations are financial capacity and working with a clinic willing to take on your case.

When the Answer Isn't Obvious

Most of the calls I take aren't about clear-cut cases. They're from people who aren't sure — who have a health history, a life circumstance, or a situation that doesn't fit neatly into a checklist.

That's the conversation worth having.

If you're wondering whether you qualify — as a surrogate or as an intended parent — reach out. We've been doing this for over 30 years. We've seen situations that seemed complicated turn into beautiful journeys, and we've also had hard conversations with people about why the timing wasn't right.

Either way, you deserve a real answer.

Book a free call with Robyn — no commitment, just information.