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As of June 6, 2024, the laws applicable for surrogacy in Quebec are changing significantly. Intended Parents residing in Quebec can use the services of a surrogate residing in that same province. However, as of June 6, Intended Parents residing in Quebec seeking to use the services of a surrogate OUTSIDE of that province can only do so if the surrogate is resident in one of the following provinces: Ontario, Alberta, British Columbia, Prince Edward Island, Manitoba, Nova Scotia, and Saskatchewan. These seven (7) provinces are the only provinces in which a surrogate outside of Quebec can carry a child for Intended Parents in Quebec. These are considered the “foreign States” designated by the Government of Quebec for the purposes of surrogacy outside of that province.

Prior to June 6, 2024, Intended Parents were able to have a surrogate outside of Canada carry a child for them, and then proceed to have the child adopted in Quebec or have their filiation modified (depending on which rules were in effect in Quebec at the time). This means that Intended Parents cannot use the services of a surrogate in the United States, or any other country or province aside from the seven listed herein above.

As of June 6, 2024, a new set of rules come into play for Intended Parents in Quebec using surrogates in Quebec or in the seven “foreign States” listed above, namely:

• Intended Parents must attend an information session given by a member of a professional order (psychologist, social worker, etc.);
• Authorization of the parental project must be obtained from the Minister of Health and Social Services;
• The Intended Parents must have been domiciled in Quebec for at least one year before requesting prior authorization.

For any questions related to surrogacy, please contact Carolyn Booth at cbooth@spiegelsohmer.com.