Surrogacy outside Québec

The legal framework for surrogate pregnancies is designed to ensure a clear, safe process that protects the rights of the unborn child and the surrogate mother.

For pregnancies that began before June 6, 2023, the judicial procedure still requires an order of placement for adoption based on special consent.

The spouse of the intended father must therefore apply for an order of placement for adoption based on special consent.

Both the surrogate mother and the intended father who provided the reproductive material must consent to the adoption by the intended father’s spouse.

The consent must be given in writing in the presence of two witnesses. There are no conditions to be met when choosing the witnesses.

A minimum of 30 days must elapse between consent to adoption and application for an order of placement.

If the pregnancy began on or after June 6, 2023, an order of placement can no longer be requested for adoption based on special consent to carry a surrogacy project to term.

If the surrogate mother is domiciled outside Québec, the child’s filiation is established in her State of domicile. For filiation to be recognized in Québec, the foreign judgment establishing filiation or the foreign act of birth must be recognized by a Québec court.

Your project must meet the general conditions and certain prerequisites.

General conditions

• The surrogate mother must be 21 years of age or older.

• There must be no combination of reproductive material in the same family.

• The surrogate mother may not be remunerated, but certain expenses authorized in her State of domicile may be reimbursed.

• The surrogacy agreement must pre-date the beginning of the pregnancy.

• The surrogate mother must give consent after the birth.

Prerequisites

• The person alone or the couple who formed the parental project (intended parents) must have been domiciled in Québec for at least one year when the agreement is signed.
• If the project is to be carried out outside Canada, one of the intended parents must be a Canadian citizen or permanent resident. If the person is a permanent resident and the other spouse, if any, is not a Canadian citizen, the resident must also have a biological link with the child.

Consequences of non-compliance with general conditions and prerequisites

• The child’s filiation with the person alone or the spouses who formed the parental project will not be recognized in Québec;
• The person alone or the spouses who formed the parental project will not be eligible for benefits under the Québec Parental Insurance Plan (QPIP) . It’s important to seek legal advice before embarking on a parental project with a surrogate mother living outside Québec, since failure to meet the conditions laid down by law can have serious consequences.

Prerequisite conditions will be added to those already applicable. If these conditions are not met, the child’s bond of filiation with the person alone or couple having formed the parental project will not be recognized in Québec, and the person alone or the spouses who formed the parental project will not be eligible for benefits under the Québec Parental Insurance Plan (QPIP) .

Prerequisites added:

• The intended parents must attend an information session given by a member of a professional order.
• The parental project involving surrogacy must take place in a province, territory or country (foreign State) designated by the Government of Québec.
• Authorizations must be obtained from the Minister of Health and Social Services (prior authorization, authorization to continue and certificate of compliance after the child’s birth). The intended parents must have been domiciled in Québec for at least one year before requesting prior authorization.