Disclaimer: This article is an original work by Canbaby Fertility Consultant LTD, a Canadian surrogacy consulting company. Reproduction or redistribution without permission is strictly prohibited.
For many Canadians struggling with infertility or facing restrictions in Canada’s altruistic surrogacy system, the United States has become a preferred destination for starting or growing their families. With a legally secure framework, access to experienced surrogates, and high-quality medical care, surrogacy in the United States offers Canadians a more predictable and timely path to parenthood.
In this article, we’ll explore the costs, legal process, and timeline of pursuing surrogacy in the U.S. as a Canadian intended parent in 2025. Whether you’re a couple or single, LGBTQ+ or heterosexual, this guide will help you make an informed decision.
Why Canadians Choose the U.S. for Surrogacy
While surrogacy is legal in Canada, the law only allows altruistic surrogacy, meaning surrogates cannot be paid beyond reimbursing expenses. Additionally:
- Finding a Canadian surrogate can take 1–3 years.
- You cannot select the sex of the baby (no gender selection).
- There is a shortage of fertility clinics accepting intended parents into surrogacy programs.
In contrast, the U.S. offers commercial surrogacy, meaning surrogate mothers are compensated for their time and effort. The legal process is well-established in many states, and many clinics offer gender selection, genetic screening, and access to egg donors.
Is U.S. Surrogacy Legal for Canadians?
Yes. There are no laws preventing Canadians from pursuing surrogacy abroad, including in the United States. However, it’s essential to work with professionals who understand both Canadian and U.S. laws, especially for:
- Parental recognition
- Citizenship and passport processing for the baby
- Ethical and legal compliance with Canada’s Assisted Human Reproduction Act (AHRA)
What’s the Cost of Surrogacy in the U.S. for Canadians?
In 2025, the average cost of surrogacy in the United States for Canadian intended parents ranges between $120,000 and $180,000 USD (or approximately $165,000–$245,000 CAD). Here’s a breakdown of typical costs:
1. Agency Fees – $20,000 to $30,000 USD
Agencies match you with a surrogate and coordinate the entire journey, from screening to delivery.
2. Surrogate Compensation – $40,000 to $60,000 USD
This is the base compensation for the surrogate. First-time surrogates usually receive around $45,000, while experienced ones may request more.
3. Fertility Clinic & IVF – $25,000 to $35,000 USD
This includes egg retrieval, embryo creation, PGT-A (genetic screening), embryo transfer, and monitoring.
4. Legal Fees – $10,000 to $15,000 USD
Covers contracts for both parties, parentage orders, and post-birth legal filings.
5. Surrogate Medical Insurance – $15,000 to $25,000 USD
In many cases, surrogate-friendly insurance must be purchased separately.
6. Travel & Lodging – $5,000 to $10,000 USD
You may need to travel multiple times: for embryo transfer, surrogate’s delivery, and paperwork.
7. Miscellaneous Costs – $5,000 to $10,000 USD
These include psychological evaluations, escrow management, and maternity care not covered by insurance.
💡 Tip for Canadians: Look for surrogacy agencies and law firms that specialize in working with Canadian clients. They understand the extra steps needed for immigration and citizenship.
U.S. States Popular with Canadian Intended Parents
Not all U.S. states allow or support commercial surrogacy. However, several states offer surrogacy-friendly laws with enforceable contracts and recognition of non-genetic or same-sex parents. Popular states include:
- California – Most established and LGBTQ+ friendly
- Nevada – Modern surrogacy laws and lower cost than California
- Illinois – Strong legal protections and quick parentage orders
- Colorado & New Jersey – Legal and inclusive, with experienced professionals
Avoid states where surrogacy contracts are not enforceable or where commercial surrogacy is banned.
Timeline: How Long Does U.S. Surrogacy Take for Canadians?
Here’s a general timeline of a U.S. surrogacy journey for Canadian parents in 2025:
✅ Step 1: Initial Consultation & Agency Selection (1–2 months)
- Meet with surrogacy consultants
- Choose an agency and legal team
- Begin medical screening and legal preparation
✅ Step 2: Embryo Creation & Matching (2–4 months)
- IVF cycle begins
- Embryos are created and frozen
- Agency matches you with a surrogate (can take 1–3 months)
✅ Step 3: Medical & Legal Clearance (1–2 months)
- Surrogate undergoes screening at your chosen clinic
- Legal contracts are drafted and signed
- Embryo transfer is scheduled
✅ Step 4: Pregnancy & Monitoring (9 months)
- Pregnancy confirmed around 6 weeks after embryo transfer
- Regular medical updates provided
- You may attend key ultrasounds or visits
✅ Step 5: Birth & Post-Birth Legal Work (2–8 weeks)
- You travel to the U.S. for the birth
- Hospital allows you to be present at delivery
- Legal parentage documents are processed
- Apply for Canadian citizenship and passport for the baby
⏳ Total estimated time: 12 to 18 months
Will My Baby Be a Canadian Citizen?
Yes—in most cases. If at least one of the intended parents is a Canadian citizen, the child is eligible for Canadian citizenship by descent.
You will typically need:
- The baby’s U.S. birth certificate listing you as the parent(s)
- A court order or surrogacy contract confirming your parentage
- DNA testing (in some cases, especially if no genetic link to Canadian parent)
- Proof of Canadian citizenship (passport, citizenship certificate)
Processing times vary, but most parents return to Canada within 2–8 weeks after birth.
Can LGBTQ+ Canadians Pursue U.S. Surrogacy?
✅ Absolutely. The U.S. is one of the most LGBTQ+ friendly surrogacy destinations worldwide. Most surrogacy-friendly states recognize:
- Married or unmarried same-sex couples
- Single gay or lesbian parents
- Non-biological parents via parentage orders
Many clinics and agencies offer inclusive services tailored to LGBTQ+ families, and the legal system supports the recognition of parentage regardless of sexual orientation.
Pros of U.S. Surrogacy for Canadians
✅ Legal Protection
Surrogacy contracts are enforceable in many states, reducing the risk of
disputes.
✅ High Medical Standards
Access to top fertility clinics, prenatal care, and hospitals.
✅ Gender Selection &
Genetic Testing
You can select embryo sex and screen for genetic conditions, which is not
allowed in Canada.
✅ Fast Matching Time
Compared to Canadian waitlists, U.S. surrogate matching is much faster.
✅ LGBTQ+ Inclusive
All family types are welcome and legally protected.
Cons of U.S. Surrogacy for Canadians
❌ High Cost
U.S. surrogacy is among the most expensive options globally.
❌ Cross-Border Logistics
Requires travel, visa paperwork, and coordination across countries.
❌ Insurance Complexity
Surrogates’ insurance coverage can be tricky and costly to arrange.
How to Choose the Right U.S. Surrogacy Partner
Here are some tips for Canadian parents:
- ✔️ Choose a U.S. agency with experience working with Canadians
- ✔️ Work with a Canadian immigration lawyer for the baby’s paperwork
- ✔️ Ensure the surrogate lives in a surrogacy-friendly state
- ✔️ Ask about travel and post-birth stay requirements
- ✔️ Set a realistic budget (including a 10–15% buffer for unexpected costs)
Final Thoughts
If you’re a Canadian intended parent facing challenges with the domestic surrogacy process, the United States offers a safe, legal, and reliable alternative. Although more expensive, the benefits—such as legal clarity, quick matching, and medical excellence—make it a worthwhile investment for many.
By understanding the true costs, timeline, and legal process, you can confidently navigate your surrogacy journey and welcome your baby into Canada with the legal recognition and support you deserve.
Need Help?
If you’re considering surrogacy in the U.S., it’s crucial to consult professionals experienced in cross-border surrogacy for Canadians. A qualified agency or consultant can guide you through the process, connect you with reputable clinics, and help you bring your baby home safely.
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