A lawyer must not accept consideration for arranging the services of a surrogate mother, offer to make such an arrangement for consideration or advertise the arranging of such services.¹



1. Assisted Human Reproduction Act, S.C. 2004, c. 2, s. 6(2).

Any violation of this section, by anyone, is an offence and is subject to a fine of up to $500,000 and to imprisonment for a term not exceeding 10 years. See Section 60.

Related Legislation

Assisted Human Reproduction (Section 8 Consent) Regulations, SOR/2007-137

Birth Registration Regulations made under Section 51 of the Vital Statistics Act, R.S.N.S. 1989, c. 494, N.S. Reg. 390/2007.

United Nations Convention on the Rights of Children, Article 7

See also: Health Canada’s Assisted Human Reproduction – Legislation and guidelines

Case Law

Reference re Assisted Human Reproduction Act, 2010 SCC 61, [2010] 3 S.C.R. 457: The Court held that certain sections of the Act are unconstitutional, because the federal government infringed on the provincial government’s jurisdiction by imposing its powers in the health arena. Sections 5 through 9 of the Act continue to be in force.


Emerging Issues

Deckha, M. / Situating Canada’s Commercial Surrogacy Ban in a Transnational Context: A Postcolonial Feminist Call for Legalization and Public Funding, (2015) 61:1 McGill LJ 31 – 86, (2015) 61:1 RD McGill 31 – 86

Grubben V. & Cameron, A. / Donor Anonymity in Canada: Assessing the Obstacles to Openness and Considering a Way Forward, (2017) 54:3 Alta L Rev 665 – 680

Grubben, V. / Freezing as Freedom? A Regulatory Approach to Elective Egg Freezing and Women’s Reproductive Autonomy, (2017) 54:3 Alta L Rev 753 – 774

Leckey, R. / Identity, Law, and the Right to a Dream?, Law Journal 38 Dalhousie L.J. 525

Assisted Reproductive Technology: Wide Implications for Canadian Lawyers (April 18, 2017) CBA – Available by purchase only

Other Articles and Books for Review

Rivard, Glenn and Hunter, Judy / The Law of Assisted Human Reproduction — Markham: Buttersworth, 2005. [KB 93 R618 2005] Available through the NSBS Library & Information Services.

Burns, Clare E., “Future Child’s Rights in New Productive Technology: Thinking Outside the Tube,” National Family Law Conference, July 2006.

Canada. Royal Commission on New Reproductive Technologies. Proceed With Care: Final Report of the Royal Commission on New Reproductive Technologies  (Ottawa: Minister of Government Services Canada, 1993).

Chipeur, Gerald and Chipeur, Stephanie / COMMENTARY: Updated approach needed on reproductive technology law (September 21, 2007) in Lawyer’s Weekly

Jordan, K.D. & Debele, G.A. / Trends and Developments in Assisted Reproduction Law and Practice: An Overview for Family Law Practitioners (July 2014) National Family Law program.

Kahn, Lawrence, “Assisted Human Reproduction”, National Family Law Conference, July 2010.

Levitan, Shirley Eve / Parentage determination across the 49th parallel, a national overview of parentage determination across canada in assisted reproductive technology situation (July 2014) National Family Law Program.[no link]

Raphanel, Gayle, “Assisted Human Reproduction and the Courts“, National Family Law Conference, July 2010.

See also: Canadian Bar Association, September 2007, Reimbursement of Expenditures under the Assisted Human Reproduction Act.

See also: Health Canada, Reimbursement of Expenditures under the Assisted Human Reproduction Act: Public Consultation Document [no link].

Approved by Council on January 20, 2012