Someone might want to help a person or a couple to have a child by carrying and giving birth for them. This is called surrogacy. The person who carries the child is called the surrogate. Someone can have many reasons for becoming a surrogate, like wanting to help someone who can’t carry a child or because they have found pregnancy to be a positive experience. If you want to become a surrogate, it’s important to understand what’s involved so you can make an informed choice.

You must meet certain requirements
In Quebec, you must meet certain requirements and follow certain steps to become a surrogate. You must be at least 21 years old. You must also have lived in Quebec for at least a year.
You can carry a child for people you don’t know, a friend or even a family member. However, you aren’t allowed to combine your genetic material with a family member’s to conceive the child you will carry. For example, you can carry a child for your brother and his husband, but you can’t combine your egg with your brother’s sperm to conceive this child.
Attending a psychosocial information session is mandatory
Before you move forward, you must attend a psychosocial information session for at least three hours. You can do this session with a professional like a psychologist, a family therapist, a midwife or a sexologist. The goal is to make you aware of the psychological and social implications of being a surrogate.
For example, during the session, you can discuss why you want to become a surrogate and your concerns or expectations around the experience. This session is one-on-one. The future parents will also have to attend their own session.
You must sign an agreement
To become a surrogate, you must sign a contract with the future parents, who are sometimes also called the “intended parents”. This contract is called a “surrogacy agreement”.
The agreement must meet certain requirements to be valid. It must be signed in the presence of a notary. It must also be signed before the pregnancy begins.
The future parents can’t pay you to be a surrogate
The future parents can’t pay you to carry their child.
However, you must be reimbursed for certain expenses, whether or not the pregnancy goes to term. For example, the future parents must reimburse you for any income you lose by missing work for medical appointments. In some cases, your doctor might order you to stop working if your job puts the pregnancy at risk. In this case, the future parents must also reimburse you for your lost income.
The future parents are also responsible for other expenses like your medical care and medication, the birth, legal consultations and the mandatory psychosocial information session.
You can also negotiate with the future parents to decide who will pay for other expenses, like maternity clothes or the extra food you eat because of the pregnancy.
Finally, you have the right to payments through the Québec Parental Insurance Plan, just like any other person who gets pregnant.
The choice is yours in the end
The future parents can’t force you to become the child’s legal parent. So, the future parents can’t change their mind and decide to leave you with the child.
You, however, have choices. You can choose to give the child to the future parents as planned, become the child’s legal parent instead, or end the pregnancy.
You can…
When and how?
What happens next?
Change your mind and decide to keep the child before giving birth.
At any time before the birth.
You must inform the future parents in writing.
You become the child’s legal parent.
If you decide to keep the child, you don’t need to give back the money the future parents paid you for expenses.
Change your mind and decide to keep the child after giving birth.
You must decide during the 7 to 30 days after the birth.
You must refuse to sign the documents that would give your consent to the future parents becoming the child’s legal parents.
You become the child’s legal parent.
If you decide to keep the child, you don’t need to give back the money the future parents paid you for expenses.
End the pregnancy.
At any time before the birth.
You must inform the future parents in writing.
If you decide to end the pregnancy, you don’t need to give back the money the future parents paid you for expenses.
Give the child to the future parents.
You must decide during the 7 to 30 days after the birth.
You must sign the documents that will be presented to you after the birth to give your consent to the future parents becoming the child’s legal parents.
You must sign in the presence of a notary or two witnesses.
The future parents become the child’s legal parents.
Once you sign these documents post-birth, you can no longer change your mind.
You won’t have any rights or responsibilities regarding the child. For example, you won’t be able to make decisions related to their education or health.
Ask to stay in touch with the child.
For example, you can ask for arrangements like:
- seeing the child regularly,
- receiving updates about the child or photos of them.
You and the child’s legal parents must agree for you to be able to stay in touch with the child.
You can cover this in the surrogacy agreement you sign with the future parents.
What it means to stay in touch with the child depends on the agreement you have with the parents.
Some of your personal information may be shared
When you become a surrogate, some of your personal information may be shared with the child, their parents and the government. But generally, your personal information and the documents related to the surrogacy are considered confidential.
Some of your personal information will be stored in a registry managed by the government. The child will have access to this registry. The registry will include a copy of the surrogacy agreement you signed and some information like your contact information, your age and your ethnic origin.
Your medical information is confidential. But if it’s necessary for the child’s health or for the health of one of their descendants, a doctor could ask for access to your medical records.
If you don’t want your medical records to be shared with the child or their parents, you can refuse. But the child or their family members could ask a court to allow them access.
Are you considering using a surrogate or have you already moved forward with plans to do so? We have an article specifically for you: Having a Child with the Help of a Surrogate |