CCQ-1991 - Civil Code of Québec

Section 542.18 Disposition versions

Not in force

Not in force

542.18. Where a physician is of the opinion that the health of a person born of procreation involving the contribution of a third person, of that third person or of a close relative genetically linked to them warrants it, the physician may obtain the necessary medical information from the medical authorities concerned, subject to the consent of the person whose information is requested. In the absence of such consent, the court’s authorization is required to obtain such information.

The authority designated by law shall, after obtaining the consent of the person whose medical information is requested, disclose the information making it possible to identify that person and to contact that person or the person’s physician to a physician who provides the authority with a written attestation confirming that the health of the person born of procreation involving the contribution of a third person, of that third person or of a close relative genetically linked to them, as the case may be, warrants the disclosure of medical information. Where the information requested concerns a woman or a person who gave birth to a child in the context of a parental project involving surrogacy who is domiciled outside Québec, that obligation applies, provided such disclosure of information is not prohibited by the State of their domicile.

The anonymity of the persons concerned must be preserved. A physician who receives information referred to in the second paragraph must take appropriate security measures to ensure its confidentiality.

2023, c. 13, s. 21.