Quebec to regulate surrogate pregnancies as part of major update to family law
Quebec is ready to recognize and regulate the use of surrogate pregnancies in a new bill that would come with significant updates to the province's family law.
Justice Minister Simon Jolin-Barrette introduced on Thursday Bill 2 to reform family law to adjust it to new social realities.
Currently, in Quebec, contracts signed between a surrogate mother and the intended parents have no legal value under the Civil Code.
Bill 2 would provide a framework for the use of surrogate parents by requiring that a surrogacy agreement be signed by a notary before the pregnancy begins.
The surrogate mother will have to be at least 21 years old, and her contribution will be free of charge, but she could be compensated in case of loss of work income and reimbursed for several expenses.
After the birth of the child, the surrogate mother would have to agree that her parent-child relationship with the child would be deemed never to have existed. The parent-child relationship would be established with respect to the intended parents.
Only the surrogate mother can change her mind and withdraw from the agreement at any time. She could, for example, have an abortion, or decide to keep the child, without the risk of being sued by the intended parents.
However, from the moment they sign the surrogacy agreement, the parents will have responsibilities towards the child and will have to contribute to its subsistence.
"This is really important because currently, there are children who find themselves without legal protection," explained Jolin-Barrette at a news conference Thursday.
He gave the hypothetical of intended parents at odds with the surrogate mother in the eighth month of pregnancy and who then want "nothing more to do with the child."
"The child, at the moment, is not protected. There is no guarantee for him. (...) That is why it is necessary to establish a framework, as we are, very clearly, to protect the child and to protect the surrogate mother."
Quebec family law hasn't been revised since the 1980s. The Legault government intends to introduce a second bill in the coming months, this one on conjugality.
But while he opened many doors on Thursday, the justice minister was quick to close the door on multi-parenting, or when a child has three or four parents.
"For us, it is very clear that the family unit has only two parents," he said. "The literature and studies do not show that it is better for a child to have more than two parents."
PATERNITY, GENDER IDENTITY AND FIRST NAME
Bill 2 also extends the presumption of paternity to common-law partners.
Currently, if a de facto spouse dies during the pregnancy of his or her spouse, he or she can only be recognized as a parent by court order, which is not necessary if the couple is married.
"In 2021, this is not acceptable," said Jolin-Barrette, who said he has heard of several "heartbreaking situations. We will put an end to this injustice, which sometimes harms the child."
Quebec will also add the option of maintaining a relationship with the parent's former spouse. It states that the continued relationship must be in the best interests of the child and involve persons who are significant to the child.
On another note, the government wishes to allow a person, under certain conditions, to change their gender identity on their birth certificate and to change their given names accordingly.
The bill would also allow people whose names were changed at a residential school, and their descendants, to revert to a traditional Indigenous name at no cost.
RIGHT TO KNOW ONE'S ORIGINS
In addition, the legislation enshrines in the Charter of Rights and Freedoms a new right to know one's origins for anyone born of a procreation involving the contribution of a third party.
The purpose is to allow the adopted person or other person to know the name and profile of the third party, as well as the information that would allow him or her to contact the third party, unless the third party has expressed a refusal of contact.
The Bill also gives the adoptee the right to obtain, under certain conditions, a copy of his or her original birth certificate and judgments relating to the adoption.
It gives the adoptee the right to obtain the names of his or her original grandparents and siblings, along with, if they consent, contact information for them.
Upon coming to power in 2018, the Coalition Avenir Québec (CAQ) had promised to undertake an ambitious family law reform.
The previous Couillard government had briefly toyed with the idea of a broad reform, but then abandoned it in the face of the magnitude of the task and the complexity of the issues raised.
'REMARKABLE INITIATIVE'
Just hours after the bill was tabled, the Chambre des notaires du Québec issued a press release hailing the Legault government's "remarkable initiative."
"Today's society is made up of different family models and this bill restores the balance of legal protections for everyone in them. The imposition of a process (...) accompanied by an impartial notary (...) is evidence of the seriousness given (...) to the legal protection of the parties," said the president of the Chamber of Notaries, Hélène Potvin.
- This report by The Canadian Press was first published in French on Oct. 22, 2021.
CTVNews.ca Top Stories
BREAKING Former Air Canada employees among suspects identified in gold heist at Pearson airport: police
Police say one former and one current employee of Air Canada are among the nine suspects that are facing charges in connection with the gold heist at Pearson International Airport last year.
Disappointment widespread over budget's proposed $200-month disability benefit funding
Advocacy groups across Canada are expressing widespread disappointment about the amount of funding earmarked in the 2024 federal budget for the long-awaited Canada Disability Benefit.
BREAKING Toronto Raptors player Jontay Porter banned from NBA
Toronto Raptors player Jontay Porter has been handed a lifetime ban from The National Basketball Association (NBA) following an investigation which found he disclosed confidential information to sports bettors, the league says.
Earthquake jolts southern Japan
An earthquake with a preliminary magnitude of 6.4 hit southern Japan late on Wednesday, said the Japan Meteorological Agency, without issuing a tsunami warning.
ArriveCan contractor to be admonished by MPs in extraordinarily rare parliamentary display
Enacting an extraordinarily rarely used parliamentary power, MPs have summoned an ArriveCan contractor to appear before the House of Commons on Wednesday afternoon to be admonished publicly for failing to answer their questions.
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
Gas prices across Ontario expected to climb to levels not seen since 2022, analyst says
Ontario is going to see a big jump at the pumps later this week as gas prices in the province hit levels not seen in nearly two years, according to one industry analyst.
Ancient skeletons unearthed in France reveal Mafia-style killings
More than 5,500 years ago, two women were tied up and probably buried alive in a ritual sacrifice, using a form of torture associated today with the Italian Mafia, according to an analysis of skeletons discovered at an archeological site in southwest France.
Paul McCartney and John Lennon’s sons have released a single together
A new Lennon and McCartney collaboration is the last thing anybody expected.