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.
In recent years, surrogacy has become an increasingly popular family-building option for Canadian intended parents who face infertility, same-sex couples, and single individuals wishing to have children. While Canada allows altruistic surrogacy, commercial surrogacy is illegal under the Assisted Human Reproduction Act (AHRA). Due to the legal and practical restrictions within Canada, many Canadians have historically looked abroad—especially to countries like India—for surrogacy services. But is surrogacy in India still a legal and viable option for Canadians in 2025? The answer is complicated.
This article explores the current legal landscape of surrogacy in India, how it impacts Canadian intended parents, and what you need to know before considering India as a destination for international surrogacy.
1. A Brief History: Why India Was a Popular Surrogacy Destination
In the early 2000s, India became a hub for international surrogacy due to several factors:
- Lower costs compared to Western countries
- A large pool of willing surrogates
- Fewer bureaucratic hurdles at the time
- High-quality IVF clinics in cities like Mumbai, Delhi, and Hyderabad
By 2012, thousands of international intended parents—including many from Canada—were traveling to India for commercial surrogacy. The total cost was significantly lower, often under $50,000 CAD, including medical procedures, legal contracts, and surrogate compensation.
2. India’s Legal Crackdown on Commercial Surrogacy
The boom in international surrogacy led to concerns about ethical practices, exploitation, and lack of legal protections for Indian surrogates. As a response, the Indian government gradually implemented tighter regulations, culminating in the Surrogacy (Regulation) Act, 2021.
Key Provisions of the 2021 Law:
- Only altruistic surrogacy is permitted
- Commercial surrogacy is banned in all forms
- Surrogates must be close relatives of the intended parents
- Only Indian citizens are allowed to participate—foreign nationals, including Canadians, are no longer eligible
- Single individuals and same-sex couples are excluded
- All arrangements must be approved by a government-appointed authority
3. Can Canadians Legally Pursue Surrogacy in India in 2025?
In short: No. As of 2025, Canadian citizens cannot legally participate in surrogacy arrangements in India, whether altruistic or commercial. Here’s why:
1. Foreigners are banned from participating in surrogacy in India
The 2021 law explicitly restricts surrogacy services to Indian heterosexual married couples and bans all foreign nationals, including Canadian citizens or Permanent Residents, from commissioning surrogacy.
2. Commercial surrogacy is no longer allowed
Even if you had personal ties in India, compensating a surrogate beyond medical expenses is now illegal.
3. Legal parentage and citizenship issues
Even if a Canadian were to somehow enter into an unofficial surrogacy arrangement, Canada’s citizenship and immigration laws require clear documentation proving parentage and legal surrogacy contracts. With India’s current laws, this is impossible to obtain lawfully.
4. Risks of Pursuing Underground or “Workaround” Surrogacy in India
While some Canadians may be tempted to explore informal or unregulated surrogacy in India, this approach is fraught with legal, ethical, and financial risks:
- Criminal penalties under Indian law for participating in commercial surrogacy
- Risk of child statelessness if parentage is not legally recognized
- Difficulty obtaining exit visas or travel documents for the baby
- Potential rejection of Canadian citizenship application due to illegal arrangement
- No legal recourse if the surrogate changes her mind or something goes wrong
5. Are There Any Exceptions for Canadians of Indian Origin?
Some Canadian citizens of Indian origin believe they may qualify under India’s laws. Unfortunately, the Surrogacy (Regulation) Act applies uniformly regardless of heritage. Unless both intended parents are Indian citizens currently residing in India, they are not eligible, even if they:
- Were born in India
- Hold Overseas Citizen of India (OCI) status
- Have family or property in India
OCI cardholders, despite having deep ties to India, are legally treated as foreigners under the surrogacy law and are therefore excluded.
6. What Are the Alternative Options for Canadians Seeking Surrogacy?
Although India is now closed to international surrogacy, Canadians still have legal and ethical options:
1. Domestic Surrogacy in Canada (Altruistic Only)
Canada allows altruistic surrogacy. Intended parents can work with a Canadian surrogate and only reimburse her for approved out-of-pocket expenses. However, the waiting lists can be long, and finding a willing surrogate can take months or even years.
2. Surrogacy in the United States
Many states in the U.S., such as California, Oregon, and Nevada, have well-established commercial surrogacy laws that welcome international intended parents, including Canadians. Legal parentage is recognized, and citizenship paperwork for the baby is straightforward.
3. Surrogacy in Other International Locations
Several countries currently allow or tolerate international surrogacy, including:
- Ukraine (currently unstable due to war, not recommended in 2025)
- Georgia (legally allowed for heterosexual couples only)
- Mexico (legal in some states, but varies widely)
- Colombia and Argentina (emerging destinations with evolving legal frameworks)
- Greece (legal for heterosexual couples; documentation-intensive)
Each destination has pros and cons regarding cost, legality, logistics, and ethics.
7. What Should Canadian Intended Parents Do Now?
If you’re a Canadian hoping to grow your family through surrogacy, here’s a step-by-step action plan:
Step 1: Understand Canadian Law
Work with a Canadian fertility lawyer who understands the AHRA, as well as parentage and citizenship laws. Ensure that any surrogacy arrangement—domestic or international—will be recognized in Canada.
Step 2: Avoid Banned Destinations
Don’t waste time or money pursuing surrogacy in countries like India, Cambodia, Nepal, or Thailand where surrogacy for foreigners is banned or legally ambiguous.
Step 3: Work with Reputable Agencies and Clinics
Whether in Canada, the U.S., or elsewhere, always choose agencies that operate within local legal frameworks. Avoid anyone promising “shortcuts” or “under-the-table” deals.
Step 4: Plan Your Finances
Surrogacy can cost anywhere from $80,000 to $150,000 CAD, especially in countries like the U.S. Ensure you budget for legal fees, travel, IVF costs, insurance, and unexpected complications.
Step 5: Explore Fertility Grants or Financing
Some organizations and clinics offer fertility financing plans or grants. You can also consider RRSP withdrawals under certain conditions or personal lines of credit.
8. Final Thoughts: Is India Closed for Good?
While it’s difficult to predict the future, there are no signs that India will reverse its surrogacy laws anytime soon. The 2021 legislation reflects a shift in India’s policy focus—from being a global surrogacy hub to protecting local women and promoting ethical family building.
For Canadian intended parents, it’s best to look elsewhere. While India once played a pivotal role in global fertility tourism, the landscape has changed. Your best path forward is to choose a country where surrogacy is not only legal but also secure, ethical, and compatible with Canada’s laws on citizenship and parentage.
Frequently Asked Questions (FAQ)
Q1: Can I go to India for egg donation or IVF, even if
not for surrogacy?
Yes, Canadians can still access IVF or egg donation services in India, but not
surrogacy. You must ensure all treatments are for your own use and comply
with both Indian and Canadian laws.
Q2: Is it illegal for Canadians to send money to an
Indian surrogate privately?
Yes, this would violate Indian surrogacy laws and could be considered illegal
compensation. It may also cause legal issues in Canada.
Q3: Can I use a surrogate who is a family member in
India?
Even if the surrogate is your sister or cousin, you still need to be an
Indian citizen and meet strict eligibility criteria under Indian law. Most
Canadians do not qualify.
Conclusion
India was once a beacon of hope for Canadians struggling to start a family
through surrogacy. But as of 2025, surrogacy in India is no longer legal for
foreigners—including Canadian citizens. To avoid heartache and legal
complications, Canadians must now explore alternative, legally secure
countries or consider domestic altruistic surrogacy. The path may be
different, but the dream of parenthood remains well within reach.
