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 2 Disposition versions

2024-06-06

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.

Not in force

In force: 2024-06-06

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.