Surrogacy Agreements now Legal in Québec

The new Act to Reform Family Law in Québec introduces clear guidelines and protections for everyone involved in surrogacy arrangements. A recent article from the French newspaper Le Monde described it as "a somewhat revolutionary law." Here’s what you need to know.

The Old Rules

Before these changes, surrogacy in Québec was quite complicated. Offering payment for surrogacy was (and still is) a criminal offense under Canadian federal law. Québec went a step further: surrogacy agreements had no legal value. This meant the person who gave birth was always the legal mother, and intended parents had to go through a lengthy adoption process, involving two court judgments and up to ten months of waiting.

What's New?

As of June 6, 2024, things have gotten a lot simpler. The intended parents and the surrogate mother are no longer required to apply to the court to change the child’s filiation. The legal establishment of filiation is now directly available to them.

Key Points

• Legal Surrogacy Agreements: Now valid if written in French and formalized by a notarial act en minute.

• Timing: Agreements must be signed before the pregnancy starts.

• Residency & Age Requirements: The surrogate and intended parents must have lived in Québec for at least a year when signing the agreement. The surrogate must be at least 21 years old, and no mixing of reproductive material from the same family.

No Pay, but Expenses Covered

Paying a surrogate is still illegal, with fines up to $500,000 and possible jail time. However, certain expenses can be reimbursed, including medical bills, legal fees, pregnancy-related costs, and more. Agreed-upon costs like doula services, prenatal classes, maternity clothes, travel expenses, and even pet care can be covered. The notary public is responsible for managing the payments, which must be processed through their trust account.

After Baby Arrives

Once the baby is born, the surrogate can transfer filiation and parental authority to the intended parents. To make it official, she must give formal consent between 8 and 30 days after birth, giving her time to change her mind. This consent, documented in a notarial act en minute or signed in front of two witnesses, ensures the intended parents become the legal parents. After the surrogate gives her formal consent, the intended parents can officially become the child's legal parents. They need to provide the birth declaration to the registrar of civil status, along with notarized copies of the surrogacy agreement and the surrogate’s consent. Once everything’s in order, the registrar will issue a birth certificate naming the intended parents as the legal parents. Easy as that!