Straight Couples

Gay Couples

Lesbian Couples

Sperm Donor

Own Embryos

Clinic Egg Donor

Clinic Egg Donor

External Egg Donor

Surrogacy Since

Since 2004

The Canadian Federal government sought to regulate surrogacy by the Assisted Human Reproduction Act SC 2004 c.2. Surrogacy is prohibited in the Province of Quebec.
Intended Parents

Eligible IPs

Married and un-married couples of any sexuality and single men and women can all enter gestational carrier agreements in Canada. The agreements must be altruistic but the surrogate can be reimbursed for expenses related to the pregnancy.
Court Order

Court Orders

Depending on the Province in which your child is born the Intended parents can obtain parentage orders generally without the need for a hearing. The IPs having no biological link to the child is no bar to parentage in British Columbia or Ontario.

Canadian Citizenship

Children born through a surrogacy arrangement will automatically be Canadian citizens and entitled to obtain a Canadian passport. A Canadian passport is normally available within 3 weeks of birth.
Dual Citizenship

Dual citizenship

Provided IPs’ country of origin allows dual citizenship and citizenship by descent the child should also acquire the citizenship of the Intended Parents.
Birth Certificate

Birth Certificate

The child’s birth certificate should issue within a couple of weeks of birth and can record both IPs as parents, regardless of sex, or indeed just a dad or just a mum.

About Surrogacy in Canada


Canada was for some time perceived as a destination where surrogates were in short supply and the Intended Parents were largely responsible for finding and managing their own surrogate.  We have established from first hand experience that this perception is wrong.  Recently some of our clients have been matched with a surrogate within days of commencing the program.

There are no restrictions on the sexuality or marital status of Intended Parents.  Although only altruistic surrogacy is permitted in Canada there is scope for the surrogates to be reimbursed for actual receipted expenses that are related to the pregnancy.

We work with Canadian Fertility Consulting (“CFC”) for introducing you to surrogates and Egg Helpers for egg donors.  In Canada a surrogate is often described as a Gestational Carrier which distinguishes her from a “traditional surrogate”.  All women applying to be a gestational carrier are rigorously screened to assess their psychological, uterine and basic overall health.  They also undergo credit and criminal checks.  CFC has worked extensively with the CReATe Fertility Centre in Toronto (“CReATe”) our preferred clinic in Canada.

IPs will complete a profile and biography and a FaceTime or Skype video conference will be held with representatives of each of the CReATe, CFC and Hope Springs Fertility Law (“HSFL”), a Toronto law firm, before they are matched with a surrogate.  A case manager / nurse from the agency and clinic will be assigned to your case for the duration of your journey.

Throughout your journey all communication with the clinic, agency, lawyers or other service providers in Canada will be copied to us and to IPT Law.  If you have a medical issue then you will direct your email to the relevant clinic staff but copy us.  If you have a question concerning administration, travel, legal issues or financial matters then you will address your email to us and we will engage with the relevant service provider in Canada as appropriate.  We will be the project managers for your journey.

When a payment instalment falls due the Canadian service provider will send an invoice to us for your attention.  We will first validate that the instalment is payable under the contract and if so pass it on to you for payment.  You will make the payment by international bank transfer and send a copy of the remittance advice to us and the service provider.

At around month 7 of the pregnancy we will start talking to you about your travel plans and ipt Law will prepare your citizenship and passport applications and prepare the first draft of the surrogate mother’s affidavit. We will send the draft affidavit to the clinic and HSFL lawyer so they can provide it to the surrogate mother for her review.

Immediately after the birth of your child we will assist you in obtaining the relevant Provincial Court order of parentage and a birth certificate that shows ONLY the IP or IPs name(s).  IPT Law will lodge your citizenship application, application for DNA testing and forward the completed passport application to you for your lodgment. You will be given detailed and complete instructions on how to prepare all documentation and the steps you must take. The Australian High Commission in Ottawa is responsible for all citizenship applications made for children born in Canada and in our experience the applications are taking up to 4 weeks to finalise.  It will be quicker for you to apply for a Canadian passport and then an electronic tourist visa for your child so that you can return to Australia about 3 weeks after their birth.  We and the Canadian lawyers will assist you with the documentation to obtain the Canadian Passport.

Upon your return to Australia we will meet with you to ensure everything has been completed and then IPT Law will assist you to complete the Family Court application for parenting orders.


The practical step-by-step process of surrogacy in Canada is as follows:

  • IPs complete a profile and bio and undertake blood tests and sperm analysis (as applicable)
  • IPs provide identity documents and AFP Police check to IPT Law
  • IPs sign agreements with all the service providers
  • IPs review surrogate mother profiles and are introduced to a potential surrogate
  • IPs and surrogate continue communicating for 2 weeks until all are happy to proceed
  • Surrogate completes medical screening and given the go ahead
  • Gestational Carrier Agreement negotiated (with our guidance and advice) and signed
  • If applicable egg/sperm donor selected and agreement signed
  • IPs provide their sperm or eggs to clinic
  • IPs provide clear instructions to the clinic on embryo transfer protocols
  • Surrogate mother receives medical preparation and medication
  • Coordination of egg donor and surrogate for a Fresh Embryo Transfer
  • Throughout the pregnancy we are on call to discuss any issues of any nature that may arise
  • In the final month of pregnancy the doctor will advise a tentative delivery date
  • We assist you with your travel planning and preparation
  • At birth the Canadian lawyers and IPT Law will assist you in obtaining a parentage order from the Courts (subject to which Province the child is born in) which is presented to obtain the birth certificate
  • Canadian Passport obtained and applications for IPs home country citizenship and passport lodged

A Summary of Canadian Surrogacy


Legal Certainty
Availability of Surrogates

Babies Delivered

Using Gestational Carriers CReATe has performed IVF using egg donors that resulted in 153 babies being delivered using a gestational carrier since 2002.

Years Experience

CReATe has been offering IVF treatment to a diverse range of families for more than 15 years

Success Rate

In 2007 CReATe achieved a pregnancy success rate of 55% for  Fresh Single Embryo Transfers.

About CReATe Fertility Centre


CReATe Fertility Centre (“CReATe”) in Toronto is one of Canada’s largest fertility clinics with significant experience in surrogacy and egg donor programs.  Dr Clifford Librach is the director of the Clinic.  Dr Librach is an Associate Professor in the Department of Obstetrics and Gynaecology at the University of Toronto and is a frequent speaker at medical and ART conferences throughout the world.  CReATe is one of the largest fertility clinics in Canada with a staff of approximately 120.  The Clinic is located in downtown Toronto, a short flight from Chicago or New York.  For Australians there are several options to get to Toronto – direct flights to Vancouver, San Fransisco, Los Angeles with a connection to Toronto or connecting through New York or Chicago.

We have decided to work with CReATe because of their size, scope of services they offer and their good success rates.  CReATe will transfer 2 embryos if appropriate, will work with gay couples wanting to do egg-splitting and has no sperm quarantine period. For exceptional cases we may work with another clinic in Vancouver Island but our focus will always be on a clinic that offers services across the broad spectrum of clients we represent.

Although the clinic is located in Toronto the surrogate mothers can be located, and deliver their babies, in most Provinces across Canada.  If you select a surrogate mother from a Province other than Ontario then she will have to travel to CReATe in Toronto for the embryo transfer and then return to her home after the FET procedure.  She will ultimately deliver your child in a hospital close to her residence that has been agreed between you and her and is expressly set out in the Gestational Carrier Agreement.

If you are travelling to Canada to provide your sperm sample then you will need to fly to Toronto.  Likewise if you are using your own egg cycle.  When you travel around the delivery date of your child you will most likely be flying into Calgary or Vancouver.

One of the great benefits of surrogacy in Canada is that the surrogate mother’s medical expenses (apart from the IVF costs at the Clinic) are covered  by the public health system.  In the Provinces of British Columbia and Alberta the child born to a surrogate also has all their medical expenses coered by the public health system.

We offer a total package service that includes cooperation with an Ontario based law firm specializing in ART law together with a British Columbia /Ontario based surrogacy agency and egg donor agency for the identification of surrogates and egg donors.

One of the first steps in starting your journey is having a Skype call with Dr Librach so you can ask him any questions that you may have.

In Canada the relationship you have with your surrogate mother is different to that in most other jurisdictions.  It is important that both of you can work together for 12 months or more to create your family.  It is a much closer relationship involving frequent contact between surrogate and IPs.

In most cases you can expect to have an FET approximately 4 months after you commence your journey with us.

CReATe has two technologies that can help select the best embryo(s) for transfer.  One is called the Embryoscope time lapse incubator technology, which takes a picture of each embryo every 10 minutes.  You can learn more about this on Youtube where there are several videos explaining this amazing technology.  The second technology is called Preimplantation Genetic Screening (PGS).  This is performed within CReATe’s laboratory, which is unusual in that most clinics send their samples offsite to an external laboratory which increases costs.  PGS allows the embryologists to actually test the embryo to determine if it has the correct number of chromosomes and exclude certain chromosomal abnormalities eg: Downs Syndrome.  CReATe has found that even in young egg donors, on average, 30% of embryos will be abnormal yet microscopically appear normal.  Transferring such an embryo would not result in a pregnancy.


The two technologies are complementary and CReATe has found that using them significantly increases the chance of a successful pregnancy on the first FET attempts, thereby reducing the time to pregnancy.  They also reduce the chance of miscarriage or an abnormal baby that may or may not be detected during the pregnancy and result in the surrogate having to undergo a termination.  Although these two technologies can detect the most common abnormalities, they cannot detect all possible abnormalities.


Generally, CReATe will be responsible for monitoring the surrogate for the first 12 weeks of her pregnancy after which responsibility will be passed to her local obstetrician and/or midwife who will be agreed upon in advance and noted in the Gestational Carrier Agreement.   CReATe will assign a specific nurse manager to your case and she will be the point of contact for you, your egg donor and your surrogate.

CReATe has undertaken approximately 700 FET cycles for surrogacy since 2000 and has increasing numbers of surrogacy cases each year.  In fact CReATe has one of the largest surrogacy programs in the world.

Dr. Clifford Librach

Clinical Director & Gynecologist (OBGYN)

Since 1991 Dr. Librach has been an Associate Professor in the Department of Obstetrics and Gynecology at the University of Toronto. He has a clinical position in the Division of Reproductive Endocrinology & Infertility, Department of Obstetrics and Gynecology at Sunnybrook Women’s College Hospital and is a Co-Director of the University of Toronto Polycystic Ovarian Syndrome Clinic. He is the principal investigator in various clinical and embryology studies and on-going research at Women’s College Hospital and University of Toronto.
Because of our commitment to research and because of our clinical skills we have been able to achieve one of the highest pregnancy rates in the country.

Why We Recommend CReATe Fertility Centre

We have brought CReATe into our team for 3 simple reasons:
Their good pregnancy success rates using gestational carriers and egg donors.
Their extensive experience in IVF generally and surrogacy and egg donor programs specifically.
Package Options
Their competitive pricing and tailored surrogacy package options.

We have validated these claims with independent third parties and former patients.  In Canada there is no central, government controlled register of fertility clinic success rates.

  • Good pregnancy success rates
  • Perform single and two embryo transfers
  • Embryoscopy and PGS done in-house
  • Qualifications of medical director
  • Embryos can be shipped to CReATe without a need for permit

  • Clinical experience and growing numbers of transfers
  • Package options available, including live birth or refund
  • Convenience of an affordable international destination in Toronto

The Cost of Surrogacy in Canada

Until now the perception in Australia has been that surrogacy in Canada was more expensive and that there were significant delays in identifying and contracting with a surrogate mother.  This perception has been driven, in part, by the differing interpretations, among clinics, agencies and lawyers, of the legal framework in Canada and each Province that permits surrogacy.

The agency model varies significantly among the 4 main surrogacy agencies operating in Canada.  As a result the process, availability of surrogates, timeframe and cost varies considerably between agencies.  Some of these models have been tested in the Canadian Courts by reason of prosecutions and the significant number of successful outcomes in terms of declarations of parentage.

In terms of IVF technology and professionalism of the clinics, lawyers and agencies surrogacy in Canada is on a par with the process in the USA but the cost in Canada is on a par with Mexico.

In terms of IVF technology and professionalism of the clinics, lawyers and agencies surrogacy in Canada is on a par with the process in the USA but the cost in Canada is on a par with Mexico.

This significant cost differential between the USA and Canada surrogacy programs is driven in part by the altruistic nature of surrogacy and the fact that the surrogate mother’s medical expenses, and in some Provinces the child’s medical expenses, are largely covered by the public health care system managed by the individual Provinces.  Medication costs are generally not covered by the public health care system but are significantly lower than in the USA.

We have worked with the team of professionals in Canada to come up with some very competitively priced packages for surrogacy in Canada.  At Global Surrogacy we will discuss your particular circumstances with you and then provide you with a total package price set out in a spreadsheet that includes a payment schedule.  The total price includes all fees payable to the surrogate, egg donors, Australian and Canadian lawyers, agencies and the Clinic and our fees.

The approximate total price for surrogacy in Canada is CAD $110,000 if you use an egg donor or approximately CAD $82,000 if you ship your own embryos to Canada. There is a price list for optional additional services (eg: PGS) and contingencies (eg: twins).  This basic package price includes one Fresh Embryo Transfer with additional transfers costing approximately $4,000 however there is available an unlimited embryo transfer package using the embryos obtained from one cycle.  A separate “guaranteed live birth” package is available with a refund for no live birth.

This total price includes:

  • All agency fees for surrogates and egg donors;
  • All surrogate compensation and anticipated expenses for a routine pregnancy;
  • All medical fees payable to the Clinic for IVF services and first trimester monitoring;
  • All legal fees payable to Canadian lawyers for agreements and parentage orders;
  • All legal fees payable to IPT Law for services including the initial parts of parentage orders in Australia;
  • The project management fee for Global Surrogacy.

Our payment schedule sets out the instalments by which each service provider is paid over the duration of your journey, it’s features are as follows:

  • Transparent and set out in a payment schedule.
  • Schedule offers for additional services and contingency costs.
  • Packages available for greater certainty of total costs.
  • Possible health insurance for Ontario surrogates.

Surrogacy Law in Canada

An overview of Surrogacy Laws in Canada


The laws in respect of surrogacy in Canada are very supportive of surrogacy arrangements.

Surrogacy in Canada can be accessed by foreign IPs whether they be a married man and woman, same-sex couple, single man or single woman.  The law in the relevant Province will recognize the IP or IPs as the parents of the child(ren) and only the names of the IPs will appear on the birth certificates.  The children will also automatically, as a matter of law, attain Canadian citizenship and are therefore entitled to a Canadian passport.

In the Provinces of Ontario and British Columbia the IPs can be declared the parents and appear on the birth certificate even if they have no genetic link to the child.  In Alberta one IP needs to have a genetic link to the child.

Egg splitting, whereby each of a gay couple fertilizes half the harvested eggs from an egg donor with the intention of transferring one embryo from each of them, is permitted in Canada.

The process for obtaining a declaration of parentage and/or registering the birth of your child varies according to the law of the Province in which the child is born.  We will advise you on the process and assist you in the registration process regardless of which Province your child is born in.

We recommend British Columbia and Alberta as the Provinces, as at today, most convenient and cost effective for foreign IPs

International Married & De facto Couples

Heterosexual couples can legally enter into a Gestational Carrier Agreement using their own gametes or totally donated gametes

Court Order / Administrative Process

A Court can make an order confirming the validity of the Gestational Carrier Agreement and directing the manner in which the birth certificate is to record the parents or it can be achieved by an administrative process.  It varies by Province.

Canadian Citizenship & Passport

The child will be a Canadian Citizen and obtain a Canadian passport.  It is strongly recommended that the child depart Canada on its Canadian passport.

Same sex couples

There is no difference in the law, as it applies to married heterosexual couples, in the Provinces of Ontario, British Columbia and Alberta..

Birth Certificates

The birth certificates can list the names of one or both intended parents, regardless of gender or sexual orientation.  The certificate is normally issued within 3 weeks of the child’s birth.  It varies by Province.