Rules for surrogacy agreement in Quebec (parents and surrogate)
The legal framework surrounding surrogacy in Quebec has evolved significantly. With the adoption of Bill 13 on June 6, 2023, surrogacy is now formally regulated under Quebec law.
Key Reforms in the Civil Code of Québec
This major reform of the Civil Code of Québec aims to protect the rights of the surrogate and the child, while clarifying the process for intended parents to become the child’s legal parents.
Here are the conditions set out in the Civil Code of Québec, the two legal pathways for establishing filiation, and the legal implications of a surrogacy parental project when all parties live in Quebec.
Important note: If the surrogate resides outside Québec, the rules governing the establishment of filiation are significantly different and involve additional preliminary steps. Moreover, not all provinces or countries are legally compatible with a Québec-based surrogacy project. We strongly recommend consulting one of our specialists at an early stage to ensure that your project complies with Québec law and that the appropriate legal process is followed from the outset.
What is Surrogacy?
A surrogacy project is a form of assisted reproduction where a woman agrees to carry a child for another person or couple, known as the intended parents.
There are two main types of surrogacy:
- Genetic Surrogacy: The embryo is conceived using the surrogate’s egg.
- Gestational Surrogacy: The embryo is conceived using the gametes (egg and/or sperm) of the intended parents or donors.
In Quebec, the preferred terms are “surrogate” rather than “surrogate mother,” to avoid confusion with a parental role after the birth.
Bill 13: A Turning Point for Surrogacy in Quebec
Before 2023, surrogacy agreements had no legal value and could not be enforced.
With the adoption of Bill 13, it is now possible to enter into a legally recognized surrogacy agreement, as long as it complies with a strict regulatory framework.
This reform aims to:
- Protect the best interests of the child
- Safeguard the autonomy and dignity of the surrogate
- Provide a clear and secure process for establishing filiation
Essential Conditions for a Legal Surrogacy Project in Quebec
For a parental surrogacy project to be legally recognized, all of the following conditions must be met:
- Domicile of Intended Parents: The intended parents must have been domiciled in Quebec for at least one year at the time the agreement is signed.
- Age of the Surrogate: The surrogate must be at least 21 years old at the time of signing the agreement.
- Altruistic Arrangement (Unpaid): Surrogacy in Québec must be strictly non-commercial. The surrogate may not receive any financial compensation for acting as a surrogate. However, she may be reimbursed for certain expenses expressly permitted by regulation, including documented loss of employment income, medical expenses, and maternity-related costs (such as maternity clothing).
- Timing and form of the surrogacy agreement: Any surrogacy agreement must be concluded before the start of the pregnancy in order to be recognized as a valid parental project under the Civil Code of Québec. When the agreement is notarized (executed before a Québec notary and kept en minute) prior to pregnancy, the intended parents may access the simplified legal (non-judicial) process for establishing filiation. If the agreement is instead concluded by private writing, filiation may still be established, but only through the judicial process. An agreement entered into after conception cannot be recognized as a valid surrogacy project under Québec law.
- Mandatory Information Session : Before signing, each party must participate in a psychosocial and ethical meeting with an authorized professional to be eligible for the legal pathway for establishing filiation (see below).
- Informed Consent of the Surrogate: The surrogate’s final consent to the process means that any legal bond of filiation between her and the child is deemed never to have existed.
Establishing filiation in Quebec: Two Possible Pathways
1. The Legal Pathway (No Court)
When the requirements of the Civil Code of Québec are fully met, including the notarized agreement signed prior to pregnancy, filiation can be registered directly with the Registrar of Civil Status, without any court involvement.
This approach is straightforward, clearly regulated, and reliable, allowing families to avoid the time, complexity, and uncertainty associated with judicial proceedings.
2. The Judicial Pathway (Through Court)
If one of the required conditions is not satisfied, for instance if the agreement was not notarized, filiation must be established through the courts, the motion must be presented within 60 days following birth.
The court will then verify whether the general requirements of a surrogacy project were respected.
Why Such a Strict Framework?
The Quebec government chose to regulate surrogacy strictly to:
- Protect the autonomy of the surrogate.
- Avoid conflicts and uncertainties related to filiation.
Summary: Key Rules to Understand
Bill 13 represents a major milestone in Quebec by strengthening the legal recognition of parental projects involving surrogacy.
- To benefit from the legal (direct and simplified) pathway, the agreement must be notarized before the pregnancy.
- If the agreement is not notarized, the judicial pathway remains possible, but it is longer and more complex.
- If the surrogate resides outside of Quebec, the procedures will be different: our specialists can help you understand the process adapted to your situation.
We can also assist you with any matter related to family law.
Notaries who offer this service
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