CCQ, r. 4.2 - Regulation respecting parental projects involving surrogacy in which the parties to the agreement are domiciled in Québec

Section 12 Disposition versions

2024-03-06

12. A surrogacy agreement must contain an attestation from the parties that they were informed of the following rules and acknowledge that they apply to them notwithstanding any stipulation to the contrary:

(1)  that the woman or the person who has agreed to give birth to the child in the context of the parental project involving surrogacy

(a)  may, at any time before the child’s birth, unilaterally terminate the agreement in accordance with article 541.8 of the Civil Code;

(b)  must, for the parental project to be carried to completion, consent to their bond of filiation with regard to the child being deemed never to have existed and to the establishment of a bond of filiation with regard to the person alone or both spouses who formed the parental project, not later than 30 days from the birth of the child, but not before 7 days have elapsed since the birth;

(c)  may not be remunerated for their involvement in the project and may only obtain the reimbursement or payment of the expenses and the payment of a compensation for loss of work income, in accordance with the rules set out in Division I of Chapter I;

(2)  that the person alone or the spouses who formed the parental project

(a)  may not unilaterally terminate the agreement;

(b)  may not claim from the woman or the person who has agreed to give birth to the child reimbursement of the amounts they paid under the first paragraph of article 541.3 of the Civil Code for the sole reason that the project was not carried to completion;

(c)  may not, in the event that the woman or the person who gave birth to the child gives their consent after the child’s birth, refuse the filiation of the child being established with regard to them in accordance with the rules of the Civil Code, regardless of the circumstances;

(3)  that, subject to the consent of the woman or the person who gave birth to the child, the filiation is established with regard to the person alone or both spouses who formed the parental project despite their death, their inability to act or their disappearance;

(4)  that the parental project comprises all children born of it and it must not entail their being dissociated;

(5)  that the information contained in the agreement is confidential, except where the communication of that information is permitted by law.

The surrogacy agreement also contains an attestation from the parties that they have been domiciled in Québec for at least 1 year prior to entering into the surrogacy agreement.

O.C. 242-2024, s. 12.

Not in force

In force: 2024-03-06

12. A surrogacy agreement must contain an attestation from the parties that they were informed of the following rules and acknowledge that they apply to them notwithstanding any stipulation to the contrary:

(1)  that the woman or the person who has agreed to give birth to the child in the context of the parental project involving surrogacy

(a)  may, at any time before the child’s birth, unilaterally terminate the agreement in accordance with article 541.8 of the Civil Code;

(b)  must, for the parental project to be carried to completion, consent to their bond of filiation with regard to the child being deemed never to have existed and to the establishment of a bond of filiation with regard to the person alone or both spouses who formed the parental project, not later than 30 days from the birth of the child, but not before 7 days have elapsed since the birth;

(c)  may not be remunerated for their involvement in the project and may only obtain the reimbursement or payment of the expenses and the payment of a compensation for loss of work income, in accordance with the rules set out in Division I of Chapter I;

(2)  that the person alone or the spouses who formed the parental project

(a)  may not unilaterally terminate the agreement;

(b)  may not claim from the woman or the person who has agreed to give birth to the child reimbursement of the amounts they paid under the first paragraph of article 541.3 of the Civil Code for the sole reason that the project was not carried to completion;

(c)  may not, in the event that the woman or the person who gave birth to the child gives their consent after the child’s birth, refuse the filiation of the child being established with regard to them in accordance with the rules of the Civil Code, regardless of the circumstances;

(3)  that, subject to the consent of the woman or the person who gave birth to the child, the filiation is established with regard to the person alone or both spouses who formed the parental project despite their death, their inability to act or their disappearance;

(4)  that the parental project comprises all children born of it and it must not entail their being dissociated;

(5)  that the information contained in the agreement is confidential, except where the communication of that information is permitted by law.

The surrogacy agreement also contains an attestation from the parties that they have been domiciled in Québec for at least 1 year prior to entering into the surrogacy agreement.

O.C. 242-2024, s. 12.