541.9. To give consent, the woman or the person who gave birth to the child must expressly 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.
Consent shall be given by notarial act en minute or by a private writing before two witnesses who have no interest in the surrogacy project. In the latter case, the author and the witnesses sign it, indicating the date and place the consent is given. Consent may also be given by a judicial declaration, in the course of proceedings relating to the filiation of the child. Refusal to consent is subject to no formal requirement.
Consent given in a language other than French shall be accompanied by a translation authenticated in Québec.
A government regulation may determine other elements to be covered by the consent as well as the contents of the document in which it is stated.
2023, c. 132023, c. 13, s. 201.