Author: Lorenze Cromwell

There have been recent changes to the Québec Civil Code in relation to surrogacy. These changes came into force on June 6, 2023, and have significant impacts on the formation of surrogacy agreements within Québec.

Who do the Changes Apply to?

The changes affect intended parents who have lived in Québec for 1 year or more. The provisions change the surrogacy process for intended parents residing in Québec who are working with surrogates internationally, or surrogates residing outside of Québec.

The changes do not apply to Québec surrogates working with international intended parents or intended parents from another Canadian Province.  The changes came into force on June 6, 2023, meaning intended parents working with surrogates who became pregnant on or before that date are not affected by the changes.

What has Actually been Changed?

The changes impact general areas within the surrogacy process such as the age of the surrogate, reimbursement requirements and what happens in the case that the surrogate changes her mind. In addition to these general provisions, there were substantive changes to the Surrogacy Agreement Process and the Post-Birth consent process.

Looking for Guidance?

If you are concerned about the recent changes to the Surrogacy process in Québec and what it may mean for you and your family, or have any further questions about Bill 12, please contact our family law team here at BOYNECLARKE LLP.