Surrogacy is legal in Canada.

Regulations :

Assisted Human Reproduction Act 2004.

Assisted Human Reproduction (Section 8 Consent) Regulations (SOR/2007-137)

Surrogate mother means a female person who — with the intention of surrendering the child at birth to a donor or another person — carries an embryo or foetus that was conceived by means of an assisted reproduction procedure and derived from the genes of a donor or donors. (mère porteuse)

The Parliament of Canada recognizes and declares that

(a) the health and well-being of children born through the application of assisted human reproductive technologies must be given priority in all decisions respecting their use;

(b) the benefits of assisted human reproductive technologies and related research for individuals, for families and for society in general can be most effectively secured by taking appropriate measures for the protection and promotion of human health, safety, dignity and rights in the use of these technologies and in related research;

(c) while all persons are affected by these technologies, women more than men are directly and significantly affected by their application and the health and well-being of women must be protected in the application of these technologies;

(d) the principle of free and informed consent must be promoted and applied as a fundamental condition of the use of human reproductive technologies;

(e) persons who seek to undergo assisted reproduction procedures must not be discriminated against, including on the basis of their sexual orientation or marital status;

(f) trade in the reproductive capabilities of women and men and the exploitation of children, women and men for commercial ends raise health and ethical concerns that justify their prohibition; and

(g) human individuality and diversity, and the integrity of the human genome, must be preserved and protected.

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