Surrogacy Agreements

A surrogacy agreement sets out everybody’s rights and obligations before the pregnancy, during the pregnancy, and during the period after the child’s birth.

Most clinics in both Canada and the United States require a pre-conception surrogacy agreement or contract to be entered into before the embryo transfer, even if the surrogate is a friend or family member.

Furthermore, when the child is born, the surrogacy agreement will become part of your application for a Declaration of Parentage, if you need one. In Ontario, provincial law requires that you have an agreement (and that all parties were represented by a lawyer) in order to register the child’s birth through a simple, administrative process.

Watch the video to learn more.