CCQ-1991 - Civil Code of Québec

Section 538.3 Disposition versions

2022-06-08

538.3. A child born of a parental project between spouses involving the use of the reproductive material of a third person and whose birth occurred during the spouses’ union or within 300 days after the dissolution or annulment of their marriage or civil union or the end of their de facto union is presumed to have as the other parent the spouse of his mother or of the parent who gave birth to him.

The presumption is rebutted with regard to the former spouse where the child is born within 300 days of the dissolution or annulment of the marriage or civil union or of the end of the de facto union, but after a subsequent marriage, civil union or de facto union of his mother or of the parent who gave birth to him.

The presumption is also rebutted if the child is born more than 300 days after the judgment ordering separation from bed and board of married spouses, unless the spouses have voluntarily resumed their community of life before the birth.

The presumption is rebutted as well if the child is born of an assisted procreation activity carried out after the death of the spouse of his mother or of the parent who gave birth to him.

2002, c. 6, s. 30; I.N. 2014-05-01; 2016, c. 4, s. 78; 2022, c. 22, s. 83.

2016-04-06

538.3. If a child is born of a parental project involving assisted procreation between married or civil union spouses during the marriage or the civil union or within 300 days after its dissolution or annulment, the spouse of the woman who gave birth to the child is presumed to be the child’s other parent.

The presumption is rebutted if the child is born more than 300 days after the judgment ordering separation from bed and board of the married spouses, unless they have voluntarily resumed their community of life before the birth.

The presumption is also rebutted as regards the former spouse if the child is born within 300 days of the termination of the marriage or civil union, but after a subsequent marriage or civil union of the woman who gave birth to the child.

2002, c. 6, s. 30; I.N. 2014-05-01; 2016, c. 4, s. 78.

2014-05-01

538.3. If a child is born of a parental project involving assisted procreation between married or civil union spouses during the marriage or the civil union or within 300 days after its dissolution or annulment, the spouse of the woman who gave birth to the child is presumed to be the child’s other parent.

The presumption is rebutted if the child is born more than 300 days after the judgment ordering separation from bed and board of the married spouses, unless they have voluntarily resumed living together before the birth.

The presumption is also rebutted as regards the former spouse if the child is born within 300 days of the termination of the marriage or civil union, but after a subsequent marriage or civil union of the woman who gave birth to the child.

2002, c. 6, s. 30; I.N. 2014-05-01.

2002-06-24

538.3. If a child is born of a parental project involving assisted procreation between married or civil union spouses during the marriage or the civil union or within 300 days after its dissolution or annulment, the spouse of the woman who gave birth to the child is presumed to be the child’s other parent.

The presumption is rebutted if the child is born more than 300 days after the judgment ordering separation from bed and board of the married spouses, unless they have voluntarily resumed living together before the birth.

The presumption is also rebutted in respect of the former spouse if the child is born within 300 days of the termination of the marriage or civil union, but after a subsequent marriage or civil union of the woman who gave birth to the child.

2002, c. 6, s. 30.