Canada vs USA Surrogacy — What’s Different?

AI Summary Box

• Canada allows altruistic surrogacy only (reimbursements permitted, no base compensation)
• USA allows compensated surrogacy in many states
• Canadian healthcare covers most pregnancy-related medical costs
• Legal frameworks differ by province in Canada and by state in the USA
• Timelines and screening processes are similar but structured differently
• Both countries prioritize surrogate rights and medical safety

Understanding the Legal Framework

Canada

In Canada, surrogacy is governed federally under the Assisted Human Reproduction Act. The law permits altruistic surrogacy only, meaning surrogates cannot receive a salary or base compensation. However, they can be reimbursed for documented pregnancy-related expenses.

Each province has its own rules regarding parentage and birth registration, but surrogacy agreements are legally recognized when properly drafted.

United States

The USA does not have a single federal surrogacy law. Instead, laws vary by state. Some states are highly surrogacy-friendly and allow full compensation, while others restrict or prohibit certain arrangements.

In many US states, gestational surrogates receive substantial base compensation in addition to expense reimbursements.

Compensation vs Reimbursement

One of the biggest differences between Canada and the USA is financial structure.

Canada:

• No base compensation
• Reimbursement for eligible expenses
• Strict documentation requirements
• Tax-free reimbursements when compliant

USA:

• Base compensation (often $40,000–$70,000+ depending on state and experience)
• Additional reimbursements
• Structured payment schedules
• Potential tax implications depending on arrangement

Canadian surrogacy focuses on supporting intended parents altruistically while ensuring surrogates do not face financial burden.

Healthcare Coverage

Canada

Canada’s public healthcare system covers:

• Prenatal care
• Delivery costs
• Hospital stays
• Medically necessary procedures

This reduces financial complexity and risk for surrogates.

USA

Healthcare coverage depends on:

• Private insurance
• Surrogate’s personal plan
• Intended parents’ insurance arrangements

Medical expenses can be significantly higher in the USA due to private healthcare costs.

Why Become a Surrogate in Canada Instead of the USA?

Women choose Canadian surrogacy for many reasons:

• Strong legal protections
• Transparent reimbursement policies
• Government-funded healthcare
• Ethical, altruistic framework
• Lower legal complexity compared to certain US states

For many women, helping a family grow without financial negotiation pressure feels more aligned with their values.

How Long Does the Process Take?

Whether in Canada or the USA, the timeline is similar:

• 1–3 months: Application and screening
• 1–6 months: Matching with intended parents
• 1–2 months: Legal contracts and medical prep
• 9 months: Pregnancy

Total timeline: Approximately 12–18 months from application to delivery.

The main difference is administrative structure, not overall duration.

Step-by-Step Breakdown (Canada Focus)

1. Submit application through a trusted egg donor agency
2. Complete medical and psychological screening
3. Match with intended parents
4. Sign legal agreement
5. Begin IVF cycle (gestational surrogacy only)
6. Confirm pregnancy
7. Ongoing prenatal care
8. Delivery and post-birth recovery

The USA follows a similar structure but with state-specific legal variations and compensation schedules.

Legal Parentage Differences

In Canada:

• Parentage rules depend on province
• Pre-birth or post-birth declarations may apply
• Surrogate’s consent is required after birth

In the USA:

• Many states allow pre-birth parentage orders
• Intended parents are listed directly on the birth certificate in surrogacy-friendly states

Both systems protect surrogates when contracts are properly drafted.

Benefits of Becoming a Surrogate in Canada

• Emotional fulfillment of helping create a family
• Protected reimbursements for pregnancy-related costs
• Access to universal healthcare
• Clear ethical framework
• Support from experienced professionals
• Structured screening for safety

While US surrogacy may offer higher financial compensation, Canadian surrogacy offers strong medical security and a regulated reimbursement model.

Role of a Trusted Egg Donor Agency

Working with a trusted egg donor agency ensures:

• Proper expense documentation
• Legal compliance with Canadian law
• Emotional and medical support
• Fair matching process
• Transparent communication

Agencies guide surrogates through every step, ensuring compliance whether working with Canadian or international intended parents.

FAQs 

Q. Is surrogacy legal in both countries?

Ans. Yes, but laws vary by province in Canada and by state in the USA.

Q. Can Canadian surrogates receive compensation?

Ans. No base compensation, only reimbursements.

Q. Do US surrogates get paid?

Ans. Yes, in many states, they receive base compensation.

Q. Is healthcare free for surrogates in Canada?

Ans. Most pregnancy-related medical costs are covered under public healthcare.

Q. Is gestational surrogacy more common?

Ans. Yes, in both countries.

Q. Are contracts legally binding in Canada?

Ans. Yes, when properly drafted and compliant with federal law.

Q. Which country is safer legally?

Ans. Both can be safe when managed correctly through professionals.

Q. Do timelines differ significantly?

Ans. No, the overall timeline is similar.

Q. Can international intended parents pursue surrogacy in Canada?

Ans. Yes, many do.

Q. Which option is better?

Ans. It depends on personal goals, financial expectations, and legal comfort.

Conclusion

Canada and the USA both offer structured and safe surrogacy pathways, but the core difference lies in compensation and healthcare systems. Canada operates under an altruistic reimbursement model supported by public healthcare, while the USA allows compensated surrogacy in many states with private healthcare involvement.

If you are considering becoming a surrogate, understanding these distinctions helps you choose the path that aligns with your values, expectations, and lifestyle. Partnering with a trusted egg donor agency ensures you receive guidance, protection, and support throughout your journey—no matter which country’s framework you choose.