Does a surrogate have the right to change her mind after the child is born?

Yes. Regardless of what a pre-conception surrogacy agreement says, the automatic route to intended-parent recognition depends on the surrogate confirming in writing, after the child is born, that she consents to the intended parents being recognized and that she does not intend to be a parent herself. Because that confirmation is given after birth, she is not legally bound in advance to give it, and Ontario's approach treats her post-birth wishes as controlling for the automatic process — a pre-conception contract cannot force her hand at that stage.

If a surrogate changes her mind and does not provide the confirmation, the intended parents cannot use the automatic route and would need to apply to court for a declaration of parentage, where a judge would weigh the written agreement, the parties' conduct and intentions, and the child's circumstances. This is one of the most important risks intended parents need to understand: a surrogacy agreement sets expectations and can matter as evidence, but it does not guarantee the outcome if the surrogate does not follow through after birth.