Ontario’s Legal Landscape

Canadian law permits only altruistic surrogacy, meaning surrogates can be reimbursed for reasonable expenses but cannot receive payment beyond that. Surrogacy agreements are recognized but not legally enforceable—a surrogate may change her mind about parentage after birth despite a written contract.

Under the Children’s Law Reform Act (2017), intended parents can be declared legal parents if:

• A written agreement existed before conception.
• Both sides received independent legal advice.
• The surrogate gave consent after the child’s birth.
  
  

These protections focus on parental rights and medical ethics. However, they contain no requirement for mental health screening or counseling, creating a critical gap.

Informed Consent Requires Emotional Readiness

Informed consent in surrogacy goes beyond understanding medical risks or signing contracts. Surrogates must also prepare for:

• Emotional attachment to the baby during pregnancy.
• The psychological impact of parting with the child.
• The effects on their own relationships and family dynamics.
  
  

True consent means being mentally ready, which can only be achieved through professional counseling and psychological evaluation, not paperwork alone.

Why Psychological Screening Matters

Unlike adoption, surrogacy in Ontario does not mandate psychological assessments for surrogates or intended parents. Yet screening can:

• Ensure emotional preparedness for pregnancy and post-birth separation.
• Clarify motivations and identify subtle financial or social pressures.
• Assess family support and detect pre-existing mental health conditions.
  
  

Many fertility clinics voluntarily recommend psychological evaluations and counseling throughout the process, but participation is inconsistent without legal requirements.

Postnatal and Emotional Support

Surrogates experience the physical demands of pregnancy without the bonding benefits of parenthood, leaving them vulnerable to postnatal depression or grief.
Essential supports include:

• Access to therapy before, during, and after pregnancy.
• Peer networks for sharing experiences.
• Ongoing check-ins from clinics or agencies after birth.

Currently, Ontario law does not require these services, leaving support dependent on private arrangements and personal resources.

Strengthening Surrogacy Agreements

Surrogacy contracts typically cover medical care and expense reimbursement but rarely address mental health. Including mental health clauses—such as mandatory counseling, postnatal care commitments, or clear emotional support expectations—could protect surrogates and intended parents, even if the contracts remain unenforceable.

To build a more ethical surrogacy framework, Ontario could:

• Mandate psychological screening for surrogates and intended parents before agreements are finalized.
• Require standardized counseling protocols throughout the process.
• Guarantee postnatal mental health support for at least a year after birth.
• Expand consent standards to include psychological impacts, not just medical and legal considerations.
• Launch public awareness campaigns to reduce stigma and highlight emotional realities.

These measures would help balance legal rights with emotional safety for all involved.

Toward Ethical, Compassionate Surrogacy

Surrogacy is more than a medical or legal arrangement—it is a deeply emotional journey. Ontario’s current laws protect parental rights but leave mental health largely to chance. Integrating psychological screening, informed consent counseling, and postnatal care would create a more compassionate system that safeguards surrogates, intended parents, and children alike.

Considering surrogacy in Ontario or supporting someone through the process?
Book a confidential consultation with a licensed therapist at bookmytherapy. Our team can help you navigate the emotional and legal complexities of surrogacy, ensuring mental health support is part of every step.