CCQ-1991 - Civil Code of Québec

Section 541.21 Disposition versions

2023-06-06

541.21. Where the court is seized of an application to change the child’s filiation, it ascertains that the general conditions relating to the parental project involving surrogacy have been met. It therefore ascertains, in particular, that the woman or the person who gave birth to the child has consented to their bond of filiation with regard to the child being deemed never to have existed and to such a bond being established with regard to the person alone or both spouses who formed the parental project, as the case may be.

If the court finds the parental project to be compliant, it confirms the existence of a parental project involving surrogacy and changes the child’s filiation to establish it with regard to that person or to the spouses. Filiation is then deemed established exclusively with regard to them from the child’s birth.

If the court finds otherwise, it declares the parental project involving surrogacy null and dismisses the application.

2023, c. 13, s. 20.