CCQ, r. 4.3 - Regulation respecting parental projects involving surrogacy in which the woman who agrees to give birth to the child is domiciled outside Québec

Updated to 15 May 2024

This document has official status.

not in force

chapter CCQ, r. 4.3

Regulation respecting parental projects involving surrogacy in which the woman who agrees to give birth to the child is domiciled outside Québec

Civil Code of Québec

(Civil Code, a. 541.28, 3rd par., and a. 541.32, 1st par.).

1. A person alone or spouses having formed a parental project involving surrogacy in which the woman or person who agrees to give birth to the child is domiciled outside Québec must, to obtain the prior authorization provided for in article 541.27 of the Civil Code, submit to the Minister of Health and Social Services the following information and documents:

(1)  the name of the State chosen to carry out their parental project;

(2)  an affidavit stating that

(a)  the person alone has formed a parental project, or the spouses are married, in a civil union or in a de facto union and have formed a parental project;

(b)  the parental project was formed before the pregnancy of the woman or person who agrees to give birth to the child;

(c)  the woman or person who agrees to give birth to the child is not party to the parental project;

(d)  the parental project comprises all children born of it and does not entail their being dissociated;

(e)  the person alone has been domiciled in Québec for at least one year or the spouses have been domiciled in Québec for at least one year before authorization is requested;

(f)  the person alone is a Canadian citizen or permanent resident, or at least one of the spouses is a Canadian citizen or permanent resident, if the woman or person who agrees to give birth to the child is domiciled outside Canada;

(g)  the person alone has or the spouses have been informed of the rules relating to parental projects involving surrogacy in which the woman or the person who gave birth to the child is domiciled outside Québec, which rules are set out in the Civil Code, in this Regulation and in the rules of the State chosen, and acknowledges or acknowledge that the rules apply to her, him or them despite any stipulation to the contrary;

(h)  the person alone undertakes or the spouses undertake to notify the Minister of any change concerning the person alone or the spouses or concerning the parental project that may have an impact on the implementation of the parental project or the Minister’s decision.

In addition, the person alone or the spouses must not have been found guilty of a criminal offence against a minor or a person she, he or they believed to be a minor, or of a criminal offence in matters of child pornography.

O.C. 840-2024, s. 1.

2. To obtain authorization to proceed with a parental project involving surrogacy in which the woman or person who agrees to give birth to the child is domiciled outside Québec, the person alone or the spouses having formed the project must, in accordance with article 541.32 of the Civil Code, submit the surrogacy agreement to the Minister of Health and Social Services along with, in particular,

(1)  an affidavit stating that the person alone undertakes or the spouses undertake

(a)  to ensure that the surrogacy agreement is entered into before the pregnancy of the woman or person who agrees to give birth to the child;

(b)  to ensure that there is no combining of the reproductive material of the woman or person who agrees to give birth to the child with that of the woman or person’s sibling, ascendant or descendant, if the woman or person is a sister, ascendant or descendant of the person alone or of one of the spouses;

(c)  if the person alone is a permanent resident, to provide her or his reproductive material, or if neither of the spouses is a Canadian citizen, to ensure that the reproductive material is provided by a spouse who is a permanent resident, as the case may be, if the woman or person who agrees to give birth to the child is domiciled outside Québec;

(d)  to ensure that the woman or person who agrees to give birth to the child is 21 years of age or over and is domiciled in a State designated by the Government in accordance with 541.31 of the Civil Code, and to comply with the conditions set by the laws of that State and, where applicable, submit the documents showing compliance with those conditions;

(e)  to submit all changes made to the agreement to the Minister for authorization;

(f)  to ensure that the child is born in a State designated by the Government in accordance with article 541.31 of the Civil Code;

(g)  to ensure that, after the child’s birth, the consent of the woman or person who gave birth to the child is given in express terms, in writing or by a judicial declaration in the course of proceedings relating to the filiation of the child;

(h)  to notify the Minister of the birth of a child as the result of a parental project authorized by the Minister;

(2)  if applicable and if possible, a letter, declaration or attestation from the establishment or centre for assisted procreation that will be responsible for the procreation containing the following information:

(a)  the name of and contact information for the establishment or centre;

(b)  the date on which the assisted procreation treatment is scheduled to begin;

(c)  the number of treatment cycles provided for in the agreement;

(d)  the source of the reproductive material;

(3)  if not mentioned in the surrogacy agreement, an affidavit stating the nature of the expenses that the person alone has or the spouses have agreed to pay or reimburse to the woman or the person who agrees to give birth to the child and, if applicable, the amount of each expense and the amount of the compensation for loss of work income that the person alone has or the spouses have agreed to pay.

O.C. 840-2024, s. 2.

3. If drawn up in a language other than French, the documents transmitted to the Minister of Health and Social Services or filed with the Minister in accordance with article 541.32 of the Civil Code, including the surrogacy agreement prior to its signature or the copy of the signed agreement, must be accompanied by a translation authenticated in Québec.

O.C. 840-2024, s. 3.

4. (Omitted).

O.C. 840-2024, s. 4.

REFERENCES

O.C. 840-2024, 2024 G.O. 2, 1773