Ontario Surrogacy in 2026: New Funding & Legal Rights

TL;DR Summary of Changes:

• A forthcoming "Placement of a Child Leave" provides 16 weeks of job protection for intended parents who have a child via surrogacy.
• New funding and tax credits are available to save costs on fertility treatments.
• Pregnancy loss leave is now available for federal employees, including intended parents whose surrogate experiences a miscarriage or stillbirth.

Job-Protected Leaves

One of the most significant updates for Ontario families this year involves time away from work. As of early 2026, the Employment Standards Act has been updated with a category called "Placement of a Child Leave."

• The Change: Previously, intended parents only had access to parental leave, while birth parents received both pregnancy and parental leave. This new update allows intended parents roughly the same total time off as those who give birth.
• What it is: Intended parents welcoming a child through surrogacy will soon be entitled to up to 16 weeks of unpaid, job-protected leave, in addition to the standard 40-week parental leave.
• Status: While drafted into law, it is currently awaiting final proclamation. If you are starting a journey today, this is a protection to watch closely as your surrogate's due date approaches.

Federal law also now provides a Pregnancy Loss Leave for intended parents if a surrogate experiences a stillbirth or miscarriage, recognizing that a loss is devasting for expecting parents, not just the person who was pregnant. This is relevant for employees who work in federally regulated industries. The leave is eight weeks if the pregnancy resulted in a stillbirth and otherwise three days.

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The 2026 Funding Landscape

One of the most common hurdles for intended parents has always been the cost, but 2026 marks a turning point in Ontario. The provincial government has introduced the Ontario Fertility Treatment Tax Credit (OFTTC), a refundable credit that allows you to claim 25% of eligible fertility and surrogacy-related expenses, up to a maximum of $5,000 per year. Unlike standard credits, this is refundable, meaning you can receive the money even if you don't owe taxes.

Furthermore, the Ontario Fertility Program (OFP) has received a massive funding boost—$100 million for the 2026-2027 cycle—aimed at tripling the number of families served and significantly reducing waitlists at clinics across the GTA. When paired with the federal Medical Expense Tax Credit, which includes reimbursements for surrogacy-related medical expenses, these updates make the dream of building a family more accessible than ever before.

By way of reminder, surrogacy in Canada remains strictly altruistic. Under the Assisted Human Reproduction Act (AHRA), it is a criminal offence to pay a surrogate for their "services." Paying a third party to facilitate a commercial surrogacy in Canada also remains illegal.

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At Lisa Feldstein Law Office, we help intended parents understand the legal side of surrogacy. Book a free consultation to discuss your specific situation using this link.