What written agreement should be in place before starting a surrogacy arrangement in Ontario?

Before conception, intended parents and the surrogate (and her spouse or partner, if she has one) should sign a written agreement addressing who is intended to be the child's legal parent, confirming that the surrogate and any partner do not intend to be parents, and setting out expectations around the pregnancy, medical decisions, expenses, and what happens if circumstances change. This agreement is the foundation the law relies on for the automatic, non-court parentage process to work smoothly after birth, and it is also the clearest evidence available if a dispute ever ends up before a court.

Because the interests of the surrogate and the intended parents are not the same, each side should get independent legal advice from their own lawyer before signing — an agreement signed without that advice is far weaker evidence of genuine, informed consent if it is later challenged. The agreement should be finalized before conception, not after the pregnancy has started. Clinics involved in assisted reproduction often expect to see this kind of agreement in place before proceeding.