A surrogacy agreement involves complex legal, medical, and emotional issues, and a Surrogate must fully understand her rights, obligations, and risks. Independent legal advice ensures that the Surrogate is fully informed about the terms and implications of the agreement before she enters into it.

The Surrogate's lawyer will ensure that she is not signing an agreement that could inadvertently violate her rights, such as waiving her ability to seek medical care or making unreasonable commitments during the pregnancy.

Surrogacy agreements often involve complicated medical procedures, such as in vitro fertilization (IVF), and decisions related to the pregnancy and birth. Independent legal counsel will explain the legal implications of the Surrogate's role in these procedures, especially when it comes to issues like the right to make medical decisions and termination of the pregnancy.

A Surrogate should understand the legal consequences regarding parentage after the birth, especially since surrogacy laws vary by jurisdiction. Independent legal advice ensures she understands the process of relinquishing parental rights after the child is born and that she will not have any future parental claims.

While surrogacy compensation is prohibited in Canada, Surrogates are entitled to reimbursement of reasonable expenses related to the pregnancy. Independent legal counsel ensures that the Surrogate is fully aware of what expenses she is entitled to, such as medical costs, travel, lost wages, and other reasonable expenses.

The lawyer will also ensure that the agreement includes provisions that protect the Surrogate's financial interests and that the reimbursement process is clearly defined to avoid confusion or delay.

Independent legal advice helps ensure that the surrogacy agreement is fair and balanced. Without a lawyer, the Surrogate might not be aware of any unfair or one-sided provisions in the agreement that could be harmful to her.

A Surrogate lawyer will review the agreement to ensure there are no unfair restrictions or clauses that could negatively impact her well-being, medical choices, or future rights.

The surrogacy process can be emotionally complex. A Surrogate may not fully grasp the long-term emotional implications of the arrangement. Having a lawyer ensures that she has someone advocating for her interests, and the lawyer can discuss the emotional and psychological impacts of surrogacy in a neutral, professional manner.

Independent legal advice provides a sense of security and support, ensuring that the Surrogate’s emotional health is considered throughout the process, especially when it comes to decisions about contact with the child after birth or the level of involvement she has with the Intended Parents during the pregnancy.

A surrogacy agreement can have important legal consequences that a Surrogate may not fully understand, such as liability for breach of contract or risks associated with medical procedures. Independent legal advice ensures the Surrogate is aware of any legal risks or obligations involved in the surrogacy arrangement.

The lawyer will explain the risks related to the surrogacy, including any potential legal disputes regarding the parental rights after the child is born, ensuring the Surrogate is prepared for any legal proceedings that may arise.

For the surrogacy agreement to be valid, informed consent must be obtained from the Surrogate. Independent legal advice is a vital part of this process. The lawyer will help the Surrogate understand every aspect of the agreement, ensure she is not coerced or pressured into signing the agreement, and that she consents freely and voluntarily.

Each province or territory in Canada may have slightly different surrogacy laws. Independent legal advice ensures that the surrogacy agreement complies with all applicable provincial and federal laws, avoiding any future legal challenges.

The lawyer will also ensure that the Surrogate’s rights are protected under Canadian law, particularly the regulations around surrogacy, medical procedures, and parentage.