Bill 12 is adopted unanimously
in the National Assembly
(Quebec) The elected members of the National Assembly unanimously adopted, Wednesday, Bill 12 which is part of the reform of family law and aims in particular to protect children born of rape.
After the vote, Justice Minister Simon Jolin-Barrette said the new law would "better protect Quebec families" by responding more adequately to their needs.
Under the law, a mother who is a victim of rape will now be able to deny the perpetrator paternity.
Quebec Minister of Justice Simon Jolin-Barrette
A sexual aggressor may be required to pay compensation to support the child born of rape. The latter will be able to inherit from the aggressor after his death.
In addition, the burden of proof with respect to deprivation of parental authority will now rest on the offending parent when a judgment recognizes that he or she has committed an offence of a sexual nature against a child.
At the time of tabling his bill last February, the minister said he was strongly inspired by the case of Océane, reported by the daily La Presse in August 2022.
The young woman, who had had a child as a result of rape, had been unable to refuse her attacker paternity over her child.
The Ministry of Justice estimates that more than 170 children are born of rape each year in Quebec.
"We all agree that this is a situation that is [...] ignoble. The message we want to send to Océane today is that thanks to her, [...] the laws will change," said Mr. Jolin-Barrette.
"A mother who has experienced such a traumatic event should not live with the fear that one day,
her abuser will seek rights over her child," he added.
Pregnancy for othersBill 12 also establishes a process to regulate pregnancy for others, so that the rights of children and mothers are protected. The agreements reached so far had no legal value.
The government is guided by certain fundamental principles:
Assisted reproductionThe last part provides that children born from gamete donation or pregnancy for others can also have access to knowledge of their origins.
In certain circumstances, the child will have the right to know the name and profile of the third party, as well as the information allowing him to contact him, unless the latter refuses to contact him.
A register will be created to enable children born of assisted reproduction to access their origins.
"Bill 12, an important part of our family law reform, passed unanimously. [...] Throughout the work, it was the interests of children that guided our decisions," said Mr. Jolin-Barrette.
Continuation of Bill 2Last year, the minister passed Bill 2, which focused on gender identity and the recognition of non-binary people.
He ran out of time and removed from the bill the entire section on the regulation of surrogacy, i.e. contracts between intended parents and surrogate mothers.
His Bill 12 took up the section on surrogate mothers and added others, including children born of rape.
After the vote, Justice Minister Simon Jolin-Barrette said the new law would "better protect Quebec families" by responding more adequately to their needs.
Under the law, a mother who is a victim of rape will now be able to deny the perpetrator paternity.
Quebec Minister of Justice Simon Jolin-Barrette
A sexual aggressor may be required to pay compensation to support the child born of rape. The latter will be able to inherit from the aggressor after his death.
In addition, the burden of proof with respect to deprivation of parental authority will now rest on the offending parent when a judgment recognizes that he or she has committed an offence of a sexual nature against a child.
At the time of tabling his bill last February, the minister said he was strongly inspired by the case of Océane, reported by the daily La Presse in August 2022.
The young woman, who had had a child as a result of rape, had been unable to refuse her attacker paternity over her child.
The Ministry of Justice estimates that more than 170 children are born of rape each year in Quebec.
"We all agree that this is a situation that is [...] ignoble. The message we want to send to Océane today is that thanks to her, [...] the laws will change," said Mr. Jolin-Barrette.
"A mother who has experienced such a traumatic event should not live with the fear that one day,
her abuser will seek rights over her child," he added.
Pregnancy for othersBill 12 also establishes a process to regulate pregnancy for others, so that the rights of children and mothers are protected. The agreements reached so far had no legal value.
The government is guided by certain fundamental principles:
- the woman who carries the child retains the complete autonomy to dispose of her body as she sees fit;
- she may unilaterally terminate the pregnancy agreement for another person at any time;
- remuneration is prohibited, but reimbursement of certain expenses is eligible;
- Intended parents who change their mind along the way cannot abandon the child.
Assisted reproductionThe last part provides that children born from gamete donation or pregnancy for others can also have access to knowledge of their origins.
In certain circumstances, the child will have the right to know the name and profile of the third party, as well as the information allowing him to contact him, unless the latter refuses to contact him.
A register will be created to enable children born of assisted reproduction to access their origins.
"Bill 12, an important part of our family law reform, passed unanimously. [...] Throughout the work, it was the interests of children that guided our decisions," said Mr. Jolin-Barrette.
Continuation of Bill 2Last year, the minister passed Bill 2, which focused on gender identity and the recognition of non-binary people.
He ran out of time and removed from the bill the entire section on the regulation of surrogacy, i.e. contracts between intended parents and surrogate mothers.
His Bill 12 took up the section on surrogate mothers and added others, including children born of rape.
