CCQ-1991 - Civil Code of Québec

Section 541.36 Disposition versions

2024-06-06

541.36. The court, where called upon to recognize an act of birth drawn up by a foreign competent authority proving filiation with regard to the person alone or the spouses who formed the parental project involving surrogacy or one of them or to recognize a decision establishing such a filiation rendered abroad, ascertains that all the rules applicable to such a project have been complied with, both according to the law of Québec and the law of the State from which the act of birth or decision originates.

It thus ascertains, in particular, that the woman or the person who gave birth to the child gave their consent, after the birth of the child, to the child’s filiation being established exclusively with regard to the person alone or both spouses who formed the parental project. Where the woman or the person who gave birth to the child died before expressing their will concerning the establishment of the child’s filiation, their consent is deemed to have been given. The same applies where the woman or person became incapable of giving consent before expressing their will after the child’s birth.

The court also ascertains that the Minister of Health and Social Services has issued a certificate of compliance. In the absence of such a certificate, the court hears the parties, including the Minister, and, if it finds that the surrogacy project does not comply with the general conditions applicable to any parental project involving surrogacy, it refuses to recognize the act or decision.

Recognition may, for serious reasons and if the interest of the child demands it, be granted even if no steps have been undertaken with the Minister by the person alone or by the spouses who formed a parental project or if steps are only partly completed.

2023, c. 13, s. 20.

2023-06-06

541.36. The court, where called upon to recognize an act of birth drawn up by a foreign competent authority proving filiation with regard to the person alone or the spouses who formed the parental project involving surrogacy or one of them or to recognize a decision establishing such a filiation rendered abroad, ascertains that all the rules applicable to such a project have been complied with, both according to the law of Québec and the law of the State from which the act of birth or decision originates.

It thus ascertains, in particular, that the woman or the person who gave birth to the child gave their consent, after the birth of the child, to the child’s filiation being established exclusively with regard to the person alone or both spouses who formed the parental project. Where the woman or the person who gave birth to the child died before expressing their will concerning the establishment of the child’s filiation, their consent is deemed to have been given. The same applies where the woman or person became incapable of giving consent before expressing their will after the child’s birth.

Not in force

The court also ascertains that the Minister of Health and Social Services has issued a certificate of compliance. In the absence of such a certificate, the court hears the parties, including the Minister, and, if it finds that the surrogacy project does not comply with the general conditions applicable to any parental project involving surrogacy, it refuses to recognize the act or decision.

Not in force

Recognition may, for serious reasons and if the interest of the child demands it, be granted even if no steps have been undertaken with the Minister by the person alone or by the spouses who formed a parental project or if steps are only partly completed.

2023, c. 13, s. 20.