Surrogacy in Canada

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Surrogacy in Canada

Canada is a fairly new destination but is increasingly popular because of the immigration process.  Similar to the US, the child can get a Canadian passport and therefore return to England in less than a month after birth.  However similar to the UK, finding a surrogate in Canada takes time.

The High Courts in England have granted Parental Orders following surrogacy in Canada.  It is important to do extensive research and secure references from other British couples who have successfully used the clinic that you are considering using.

The better surrogacy clinics will be transparent about their surrogate recruitment policy and the compensation paid to the surrogate.

Having conducted surrogacy cases for many years, we are in a good position to advise you of the pitfalls to look out for.  We also have experience with the citizenship and passport procedure to get you back to the UK with your child swiftly.

If you are considering surrogacy in Canada, please do not hesitate to contact us for legal advice.

Regardless of the law in Canada, the surrogate is always the legal mother.  Whether one of you is the legal parent will depend on the circumstances surrounding the insemination or embryo transfer and whether the surrogate is married or in a Civil Partnership. It is essential that you get advice before you start the process and preferably before you select the surrogate.  We will advise you on whether you can become legal parents to the child(ren) and if so, how to return to England with the child.  We will then provide a bespoke service for you to obtain a Parental Order.

A Parental Order extinguishes any legal rights that the surrogate and her husband have for the child and makes you the legal parents.  If you do not apply for a Parental Order by the time the child is 6 months old, you may need to consider alternatives such as adoption.  This deadline has been extended in some cases.  We will work with you and surrogacy lawyers in Canada to ensure that all of the necessary paperwork is in place for the Parental Order process within the deadline.

Please call our surrogacy lawyers for advice on surrogacy in Canada on 01727 884 688 or e-mail Harjit directly on harjit@surrogacylawyers.co.uk

Please visit our testimonial page to see what our clients say about us.

Please be advised that our role is limited to providing legal advice on surrogacy based on the law in England.

We will not recommend any surrogacy provider, destination, agency or clinic. Entering into a surrogacy arrangement abroad requires much research and advice.  Our role is to advise you on your position from a UK law perspective if you were to proceed with your arrangement. If our advice concludes that you can become legal parents following the arrangement, it should not be considered as advice to proceed. If we have acted for couples who have entered into similar arrangements, you should not take that as advice to proceed.     

We will not take part in any negotiations for your surrogacy arrangement nor, will we review your surrogacy contracts.