Can a surrogate keep the baby?

In gestational surrogacy the surrogate has no genetic link to the baby, and the agreement and the provincial parentage process are built so that the intended parents become the legal parents. A surrogate who changed her mind after the birth would be very unusual.

By Robyn Price

In gestational surrogacy the surrogate has no genetic link to the baby, and the agreement and the provincial parentage process are built so that the intended parents become the legal parents. A surrogate who changed her mind after the birth would be very unusual.

How and when parentage is confirmed varies by province, which is exactly why each side has its own lawyer. See our legal framework guide for links to each province's family law.

Read more: The Legal Framework for Surrogacy in Canada.

Still have questions? Book a free call with me and we will talk through your situation.

See all FAQs