Yes, surrogacy is legal in British Columbia. The law sets out specific requirements that must be followed, and working with a lawyer can help ensure that everything is done correctly. This way, you can move forward with confidence, knowing your family-building journey is legally protected.

Although the BC Family Law Act makes it clear that donors are not automatically considered parents, it’s still a good idea—especially with known donors—to have an agreement in place before conception. This helps everyone understand what roles each person will have (or won’t have) after the child is born, and addresses other important issues so there’s clarity and peace of mind for all involved.

Once your surrogate or donor has successfully passed clinic screening, it’s the right time to involve a lawyer to draft your agreement. I usually get involved after screening is complete to avoid any surprises—this way, you won’t pay legal fees for an agreement before any unexpected issues come up during screening.

The same lawyer cannot act for the intended parents as well as the surrogate or donor.  This would be a conflict of interest for the lawyer.

Independent legal advice gives donors and surrogates confidence that their interests are protected and that they fully understand the agreement they are about to sign.

This process includes a thorough review of the agreement, answers to any questions you may have, and communication of your concerns or requested changes to the intended parents’ lawyer. By the time you sign, you can feel completely confident that you understand the agreement and that your voice has been heard every step of the way.