Back Version française

In Quebec, a child born through a surrogacy agreement signed on or after March 6, 2024 can be recognized as a child belonging to both intended parents by having a notarized act from both the surrogate and the intended parents so long as the surrogate and intended parents be domiciled in Quebec for at least one year prior to the signature of the surrogacy agreement.

These new rules come into effect following the adoption of Bill 12 on June 6, 2023: An Act to reform family law with regard to filiation and to protect children born as a result of sexual assault and the victims of that assault as well as the rights of surrogates and of children born of a surrogacy project.[1]

Previously, a child born through surrogacy would be considered the child of the surrogate once born, and the intended parents would need to make an application to the Court to modify the bond of filiation (relationship between child and parent), in order to name the intended parents as parents of the child.

The new process in effect as of March 6, 2024 simplifies this procedure. An act to establish a bond of filiation needs to be prepared by a lawyer or notary and signed before a notary by all parties, being the surrogate and the intended parents. It is then notarized and registered in the notary's minutes. The surrogate must also provide her consent in writing (before a notary or before two witnesses) stating that the bond of filiation between herself and the child born never existed and to establish the bond of filiation with regard to the intended parents[2]. Following this, the notarized act and written consent of the surrogate is submitted to the Director of Civil Status (Directeur de l’état civil). Upon review of these required documents and if all is satisfactory, the Director of Civil Status then issues a birth certificate for the child born, with the names of the intended parents.[3]

If you have any questions about changing filiation via notarized act, please contact Carolyn Booth and Marie-Christine Sicard.

[1] An Act to reform family law with regard to filiation and to protect children born as a result of sexual assault and the victims of that assault as well as the rights of surrogates and of children born of a surrogacy project (Adopted – June 6, 2023), 1^st Session, 43^rd Legislature. (Qc) Link

[2] Civil Code of Quebec, RLRQ, c. C -1991, arts. 113, 113.1, 541.9, 541.15

[3] Civil Code of Quebec, RLRQ, c. C -1991, art. 116