Understanding Compensated Surrogacy in Canada: What the Latest Legal Opinion Means for Our Community.

At Hive Surrogacy, we’re committed to keeping our community informed about developments that affect surrogacy in Canada, especially when it comes to the ongoing conversation around compensated surrogacy.

Recently, a group of fertility industry professionals retained Addario Law Group LLP to provide an independent legal opinion on the interpretation of Canada’s Assisted Human Reproduction Act (AHRA). Their goal was to clarify how Canadian law applies to transnational surrogacy arrangements, specifically when intended parents outside of Canada wish to work with Canadian surrogates and provide them with compensation.

Understanding Compensated Surrogacy in Canada: What the Latest Legal Opinion Means for Our Community.

The Addario Law Group’s opinion confirms that the AHRA makes it a criminal offence to pay a surrogate in Canada for her services, regardless of:

• Where the intended parents live (inside or outside Canada), and

• Where the funds or payments originate.

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In other words, if the surrogate resides in Canada, Canadian law continues to prohibit any form of direct payment for surrogacy services beyond reimbursement of approved expenses.

The opinion also notes that Canadian authorities have jurisdiction to investigate and prosecute these offences, even if the intended parents or agencies involved are based outside the country.

Why This Matters

This legal interpretation reinforces what many in our community already understand: Canada’s surrogacy laws, written more than two decades ago, continue to place tight restrictions on what’s known as “compensated surrogacy.”

While the intention behind the AHRA was to protect women and children from exploitation, the world of assisted reproduction has evolved dramatically since then. Many professionals and advocates now argue that regulated, ethical compensation could both empower surrogates and improve accessibility for intended parents, while still safeguarding everyone involved.

Continuing the Conversation

This new legal opinion is not a change in the law, but it is an important reminder of the current legal framework, and the challenges it creates for Canadian families and surrogates alike.

At Hive, we believe that open, informed dialogue is essential. We’ll continue to advocate for clarity, compassion, and progress in Canadian surrogacy law, ensuring that the voices of surrogates, intended parents, and children are all part of the discussion.

If you’d like to read more about the legal opinion, send us an email to angie@hivesurrgoacy.com and we are happy to share the findings with you!