This blog article has been updated to reflect legislative changes brought about by our advocacy work. Further updates will be made once Bill C59 comes into effect.
Let’s start with a quick recap on how post-baby leave in Canada currently works:
Maternity leave, a total of 15 weeks, is available to the birth giver only. It can be accessed as early as 12 weeks prior to the birth.
Parental leave, offered in a standard or extended option, can be split between both parents. While the weeks don’t have to be taken consecutively, parental leave begins only at the week of a child’s birth or the week a child is adopted into a family.
Accurate as of October 2024. This chart is available on the EI maternity and parental benefits page on the Government of Canada website.
So how does the current parental leave system affect families built by surrogacy?
Simple – since neither of the baby’s parents is the birth giver, children born through surrogacy cannot benefit from the full 55 (maternity + standard parental leave) or 84 weeks (maternity + extended parental leave). Parental leave isn’t just about baby snuggles and mommy-and-me classes. This time is crucial in a child’s development. Countless studies show that the brain development of infants depends on a loving bond with their primary caregiver. Time spent with a primary caregiver has a lasting impact on the cognitive, social, and emotional abilities as well as future mental health. Supporting new parents in staying home with their babies isn’t just good family policy, it’s an investment in the future of Canada.
How do we fix the problem?
The solution was obvious to us – all babies deserve equal support in their first years. In cases of surrogacy and adoption, providing families with a 15 week ‘top up’ would give all children the same starting point. That's why we (Baden and Zane Colt), along with patient advocacy organization Conceivable Dreams, asked the government to enact change. Thanks to a letter writing campaign from across the country, national news coverage, and the grassroots support from across the country, our politicians listened - passing Bill C59, which will offer a new 15 week benefit for parents building their families through surrogacy and adoption. While the new benefit has not come into effect yet, it will provide everything we've asked for and create parental leave equity for families across the country.
As a note, this new top up for parents of adoptive children or children born to a surrogate will not reduce a birth giver’s maternity leave. Maternity leave is in place for the physical and mental health of the birthing person. Pregnancy, labour, and delivery are incredibly taxing and recovery is integral.
If you have additional questions about Canadian parental leave for parents by surrogacy, or you’d like to join future surrogacy advocacy efforts, feel free to send a message to @notmytummy.