15. The birth of more than one child as a result of a single pregnancy and the adoption of more than one child at the same time shall be considered to be a single birth and a single adoption for the purposes of this Act.
In the case of a surrogacy project, the birth of the child shall be considered a separate event for the woman or the person who gave birth to the child, except where the child is not entrusted to the parents who are parties to the parental project involving surrogacy and the child’s filiation is established in accordance with the rules of filiation by acknowledgement or by blood. In that case, the benefits granted are those provided for in sections 7, 9 and 10 to 10.3, as applicable.
In the case where the filiation of the child established with regard to the woman or the person who gave birth to the child is changed by the court in favour of a parent who is a party to the parental project involving surrogacy, the birth is considered a separate event for that parent and the benefits to which that parent may be entitled are those provided for in sections 12.4 to 12.8, as applicable.
In the case of a birth or an adoption occurring while at least one of the parents is eligible for shareable parental or adoption benefits for a previous event, the number of weeks of shareable parental or adoption benefits for that second event is equal to the lesser of the following:(1) the total number of weeks of shareable parental or adoption benefits granted for that second event; and
(2) the number of weeks that have lapsed between the two events.
Lastly, benefits may not be paid concurrently to one person for more than one event. In addition, in the case of a surrogacy project, the weeks of benefits provided for in section 12.3 and those provided for in sections 12.4 to 12.8 may not be paid concurrently to the woman or to the person who gave birth to the child and to the parents who are parties to the parental project involving surrogacy, except during the week in which separation occurs, if applicable.
2001, c. 9, s. 15; 2020, c. 232020, c. 23, s. 1011; 2023, c. 132023, c. 13, s. 4211.