Surrogacy can be a wonderful path to parenthood, but it involves unique legal complexities in Alberta and across Canada. While surrogacy agreements are recognized by the law, they are not always legally enforceable in the same way as standard contracts. Intended parents and surrogates must comply with the Assisted Human Reproduction Act (AHRA) and Alberta’s Family Law Act (FLA).
Working with a lawyer from Verhaeghe Law ensures that your surrogacy arrangement is properly drafted, compliant with Canadian law, and protects everyone’s rights. To speak to an experienced family lawyer about your rights today, call 587-410-2500 or fill out our online contact form.
Are Surrogacy Agreements Legal in Alberta?
Yes, surrogacy agreements are permitted in Alberta, but they operate under strict federal and provincial laws:
- The Assistant Human Reproduction Act (AHRA): This federal act prohibits paying a surrogate beyond reimbursing reasonable expenses (e.g., medical expenses, maternity clothes, travel). Offering or accepting payment for surrogacy is a criminal offence under the AHRA, with penalties of up to 10 years in prison and fines up to CAD $500,000.
- Alberta Family Law Act (FLA): This provincial act recognizes surrogacy agreements but does not automatically transfer parental rights at birth. The surrogate will remain the child’s legal guardian until a court issues a Declaration of Parentage. Intended parents must apply to the Court of King’s Bench, typically with the surrogate’s consent, to become legal parents.
Because the AHRA restricts payments and the FLA requires a court process, it’s crucial that surrogacy agreements are drafted carefully and supported by legal counsel.
Legal Implications for Intended Parents and Surrogates
Surrogacy involves more than medical and emotional considerations. There are also serious legal implications for both intended parents and surrogates:
- Non-Enforceability of Surrogacy Contracts: Typically, courts will not force a surrogate to give up a child if they change their mind. They also won’t require intended parents to take over custody (decision-making responsibilities) if they change theirs. However, a well-written surrogacy agreement can serve as strong evidence of each party’s intentions should a dispute ensue.
- Parentage Applications: As previously mentioned, intended parents must file for a Declaration of Parentage to secure their legal guardianship over the child. This process usually requires consent from the surrogate. Should a dispute arise, DNA evidence may become involved in the case.
- Birth Registration: Until the court order is granted by the Court of King’s Bench, the surrogate’s name will remain on the child’s birth certificate. An experienced lawyer can help make sure all documentation transitions happen smoothly.
- International Surrogacy Considerations: When surrogacy arrangements involve international parties, there may be additional steps that must be considered. For example, immigration applications or citizenship documentation might be necessary.
Having legal representation will ensure that the rights of all parties are clear and enforceable, while also protecting the child’s legal status and best interests.
Curious About Surrogacy in Alberta? Contact Verhaeghe Law’s Family Lawyers Today
While Alberta does recognize surrogacy agreements, they require careful compliance with federal and provincial laws to ensure parental rights are properly established. Without legal guidance, intended parents risk delays, disputes, or even loss of parental recognition.
If you are considering surrogacy in Alberta, contact Verhaeghe Law today. Our experienced family lawyers will guide you through drafting agreements, filing parentage applications, and ensuring the entire process is legally secure.
To schedule a consultation, call our Edmonton office at 587-410-2500 or fill out our online contact form.