Surrogacy Law – Quebec

QUEBEC:

  1. New, complicated process introduced in March, 2024 requiring a surrogacy ‘Parenting Project’ in order for IPs to get parentage includes:
    1. -If all parties reside in Quebec, they must be living in Quebec for at least one year prior to signing the surrogacy agreement;
      -surrogacy agreement must be in Franch and approved by the Quebec Minister; requires police search which can take a long time (approximately 6 weeks) prior to agreement being signed;
      -agreement must be signed before conception, drafted and signed by a notary (a notary has specific professional status in Quebec, and is considered different from a lawyer);
      -GC must receive relevant counselling;
      -post birth consent of GC to relinquish parentage cannot be given before child is 7 days old and no later than 30 days post birth; and
      -if conditions are meet, the child’s birth is declared to the Registrar of civil status.
    2. -If IPs reside in Quebec and GC resides outside Quebec, agreement still must be approved by the Quebec Minister, and a police search required prior to agreement being signed;
      -IPs must be resident in Quebec for at least one year prior to agreement being signed;
      -jurisdiction of GC must be pre-approved by the Quebec Minister; and
      -DOP for child obtained in Province of birth must be legally recognized in Quebec by the appropriate Quebec Court; may not be recognized if rules not properly followed .
< Return to Map

OVERVIEW:

  1. Parentage is legislated provincially and is governed by the laws of the Province in which the surrogate gives birth. A court ordered Declaration of Parentage is required in each Province EXCEPT: Ontario, British Columbia, Quebec and Nova Scotia, where an administrative route in available to Intended Parents provided certain pre-conception criteria are met. The administrative route is generally less complex, less costly and can be completed more quickly.
  2. Parentage requires a genetic link between the child and at least one of the Intended Parents in: Nova Scotia and Alberta.
  3. All Canadian Provinces are inclusive of same sex marriages/common law relationship.
  4. In Canada, no pre-birth orders are available. A court ordered Declaration of Parentage can ONLY be obtained AFTER the child’s birth.

**Please be advised that the following is not, and should not be construed as, legal advice. Provincial laws, regulations, rules and processes change from time to time, and each Province has its own specific protocols that may not be reduced to writing. Please ensure you obtain legal advice prior to making the important decision of choosing your surrogate, to ensure the corresponding birth registration laws best support your specific fertility situation.

Abbreviations: 

“ART”=Assisted Reproductive Technology

‘GC’= Gestational Carrier/Surrogate

‘IP’ = Intended Parent(s)’

‘IM’=Intended Mother

‘IF’=Intended Father

‘DOP’= Declaration of Parentage (via Court order)

‘ILA’= Independent Legal Advice