Surrogacy Arrangements and Surrogacy Agreements


Whether you are an Intended Parent that is interested in engaging a Gestational Surrogate or you are in the process of becoming a Gestational Surrogate, the proper legal arrangement is crucial to protect you as you proceed on the fertility journey.

To proceed with a surrogacy arrangement, the Fertility Clinic will require a formal Gestational Surrogacy Agreement (“GSA”) to be in place.  The GSA is a detailed document that includes provisions to govern ALL matters that may come up in a surrogacy arrangement.  As examples, the Surrogate’s conduct during pregnancy, the requirement to follow medical requirements during pregnancy, the Surrogate’s surrender of rights after birth, the protocol of expense reimbursement to the Surrogate, etc.

A surrogacy agreement is a specialized contract that requires experienced lawyers in order to achieve cost and time efficiencies.  When acting on your behalf (either the Intended Parents or the Gestational Surrogate), we typically refer the opposite party to a lawyer that is also experienced in surrogacy matters and familiar with Canadian Fertility Lawyer’s form of GSA (which generally keeps costs down for the Intended Parents).  Once the GSA is finalized and executed, we send a Legal Clearance Letter to the applicable Fertility Clinic and the medical processes may begin.

Surrogacy Arrangements


Whether you are an Intended Parent that is interested in engaging a Gestational Surrogate or you are in the process of becoming a Gestational Surrogate, the proper legal arrangement is crucial to protect you as you proceed on the fertility journey.

To proceed with a surrogacy arrangement, the Fertility Clinic will require a formal Gestational Surrogacy Agreement (“GSA”) to be in place.  The GSA is a detailed document that includes provisions to govern ALL matters that may come up in a surrogacy arrangement.  As examples, the Surrogate’s conduct during pregnancy, the requirement to follow medical requirements during pregnancy, the Surrogate’s surrender of rights after birth, the protocol of expense reimbursement to the Surrogate, etc.

A surrogacy agreement is a specialized contract that requires experienced lawyers in order to achieve cost and time efficiencies.  When acting on your behalf (either the Intended Parents or the Gestational Surrogate), we typically refer the opposite party to a lawyer that is also experienced in surrogacy matters and familiar with Canadian Fertility Lawyer’s form of GSA (which generally keeps costs down for the Intended Parents).  Once the GSA is finalized and executed, we send a Legal Clearance Letter to the applicable Fertility Clinic and the medical processes may begin.

Benefit from Our Extensive Legal Experience with Intended Parents and Gestational Surrogates

Canadian laws surrounding surrogacy are complex and, in some cases, unclear.  You need an experienced fertility lawyer to lead you through the journey.  We work with both Intended Parents and Gestational Surrogates, which means we understand both perspectives—providing you with connections and value beyond legal arrangements.  Navigate your journey with the confidence that comes with having caring experts in your corner.

Personalize Your Experience with a Different Kind of Relationship

Surrogacy journeys are personal, intimate relationships.  Let us bring you that element of comfort into your legal arrangements.  We treat our clients and their specific situations with personalized attention – establishing real bonds and personal connections.

We have contacts and working relationships with the most reputable surrogacy agencies in both Canada and the United States, we can also introduce you to the most ethical and trusted contacts to make your entire journey successful, from start to finish.

Understand the Rules and Your Rights

Let us help you navigate tricky surrogacy law so you can be confident that you are abiding by it.  For example, did you know that Surrogates can be reimbursed for reasonable out-of-pocket expenses but cannot be provided other compensation?  Avoid risk of serious penalties by gaining a deep understanding of what is, and is not, allowed.  We break the rules down into ordinary, easy-to-understand language, and our personalized advice always has your best interests in mind.

Map Out the Process and Protect Your Wishes

Ensure that all the details are documented, so that your wishes are protected.  We’ll work with you to create a formal Gestational Surrogacy Agreement (GSA) that addresses all matters that come up in a surrogacy arrangement.  Required by fertility clinics and specifying things like the Surrogate’s conduct during pregnancy, adherence to medical requirements, the surrender of rights after birth, and expense reimbursement, a GSA makes sure there are no expectation surprises.  With both the Intended Parents and Surrogate’s lawyers working together, we can get your GSA finalized so you can begin the next step in the process.

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