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

Section 14 Disposition versions

2024-03-06

14. On receipt of an application for reimbursement made in accordance with section 6 or an application for payment made in accordance with section 7 by the woman or the person who has agreed to give birth to a child, the person alone or the spouses who formed the parental project involving surrogacy must indicate, in the declaration made in accordance with paragraph 1 of section 6 or section 7, as applicable, the amount to be reimbursed for each expense requested or the amount of the compensation to be paid by the notary. The person alone or the spouses must then sign the declaration and transmit the completed application to the notary.

If the amounts requested by the woman or the person are accepted in whole by the person alone or the spouses, the application complies with the agreement and the evidence in support of the application is satisfactory, the notary disburses the amounts requested from the notary’s trust account, remits them to the woman or the person, and completes the declaration in accordance with section 8.

If the amounts requested by the woman or the person are refused, in whole or in part, by the person alone or the spouses, but the application nonetheless complies with the agreement and the evidence in support of the application is satisfactory, the notary disburses the amounts requested from the notary’s trust account in order to remit them to the woman or the person despite any provision to the contrary under the Règlement sur la comptabilité en fidéicommis des notaires (chapter N-3, r. 5.2). The notary informs the person alone or the spouses thereof and completes the declaration in accordance with section 8. Despite the foregoing, if the application does not comply with the agreement or the evidence in support of the application is unsatisfactory, the notary informs the parties and retains the amount in dispute until the notary is informed of an agreement between the parties or a final decision by the court.

If the amounts requested by the woman or the person are accepted, in whole or in part, by the person alone or the spouses, but the application does not comply with the agreement or the evidence in support of the application is unsatisfactory, the notary informs the parties and retains the amount concerned until the agreement is modified or satisfactory evidence is received.

O.C. 242-2024, s. 14.

Not in force

In force: 2024-03-06

14. On receipt of an application for reimbursement made in accordance with section 6 or an application for payment made in accordance with section 7 by the woman or the person who has agreed to give birth to a child, the person alone or the spouses who formed the parental project involving surrogacy must indicate, in the declaration made in accordance with paragraph 1 of section 6 or section 7, as applicable, the amount to be reimbursed for each expense requested or the amount of the compensation to be paid by the notary. The person alone or the spouses must then sign the declaration and transmit the completed application to the notary.

If the amounts requested by the woman or the person are accepted in whole by the person alone or the spouses, the application complies with the agreement and the evidence in support of the application is satisfactory, the notary disburses the amounts requested from the notary’s trust account, remits them to the woman or the person, and completes the declaration in accordance with section 8.

If the amounts requested by the woman or the person are refused, in whole or in part, by the person alone or the spouses, but the application nonetheless complies with the agreement and the evidence in support of the application is satisfactory, the notary disburses the amounts requested from the notary’s trust account in order to remit them to the woman or the person despite any provision to the contrary under the Règlement sur la comptabilité en fidéicommis des notaires (chapter N-3, r. 5.2). The notary informs the person alone or the spouses thereof and completes the declaration in accordance with section 8. Despite the foregoing, if the application does not comply with the agreement or the evidence in support of the application is unsatisfactory, the notary informs the parties and retains the amount in dispute until the notary is informed of an agreement between the parties or a final decision by the court.

If the amounts requested by the woman or the person are accepted, in whole or in part, by the person alone or the spouses, but the application does not comply with the agreement or the evidence in support of the application is unsatisfactory, the notary informs the parties and retains the amount concerned until the agreement is modified or satisfactory evidence is received.

O.C. 242-2024, s. 14.