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

Section 1 Disposition versions

2024-06-06

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.

Not in force

In force: 2024-06-06

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.