Towards an "industry" of surrogate
mothers in Quebec?
The Legault government's bill to regulate the rights of surrogate women and children has been criticized. For example, groups denounce the fact that it was not preceded by a debate on pregnancy for others or that it paves the way for an industry linked to this practice, according to briefs tabled in the National Assembly in the wake of the consultations.
A debate to be made firstThe law that Quebec is about to promulgate takes for granted that pregnancy for others is "inevitable", while many organizations around the world sound the alarm and countries prohibit this practice, argued in parliamentary committee the group For the rights of women of Quebec.
The brief, written by Claire Aubin, Athena Davis, Alexandra Houle and Michèle Sirois, invites Quebec to resist "the globalized trade of surrogate mothers." "Pregnancy for others is presented as progress for some, while all the risks are taken by women, egg providers and surrogates, and all the profits go to the industry and customers who order the children. As for children, they suffer the desire
of adults without having a voice or protectors," it said.
In Canada, the use of surrogate women is legal, provided they do not receive remuneration and only their expenses are reimbursed. In some Canadian provinces (including Ontario), agreements between intended and surrogate parents are recognized by law and the birth certificate may bear the names of the intended parents from the outset. Through its bill, Quebec intends to
recognize the agreements between the parties.
The group Pour les droits des femmes du Québec argues that many countries prohibit pregnancy for others
or regulate it much more tightly than Canada.
In fact, France, Switzerland, Germany and Spain are among the countries that prohibit it.
In Spain, France Press Agency reported this week, the baby of a 68-year-old Spanish actress and TV star born in Miami to a surrogate woman has raised the ire of the government, which considers surrogacy a form of violence against women.
A filiation from childbirth demanded by an LGBTQ+ groupFor its part, the Coalition of LGBTQ+ families is pleased in its brief that Quebec advocates "a relatively easy administrative procedure" so that intended parents are legally recognized, "without the obligation to go to court."
This organization also thinks it wise for the Quebec government to "grant maternity leave to the surrogate if she resides in Quebec."
On the other hand, it recommends "that after birth, the filiation of the intended parents be granted automatically, without giving a grace period of 30 days to the surrogate," as provided for in the bill.
For its part, the Conseil du statut de la femme welcomed in its brief several provisions of the Quebec bill that are in line with the recommendations it had already made, including the one requiring that a surrogate woman must be over 21 years of age.
The government agency is nevertheless concerned that the bill "ignores" cases where a Quebec woman agrees to carry a child in order to give it to intended parents domiciled outside Quebec, which is significant in its opinion insofar as research studies report "Canada's attractiveness for foreign intended parents."
The Council on the Status of Women is also concerned that "some surrogate women interviewed in empirical surveys consider that they have been insufficiently informed about the risks associated with in vitro fertilization treatments [...]".
"Only one party assumes the risks"For its part, the Association des avocats et avocates en droit familial du Québec is concerned that "the pregnancy agreement for others carries the risks inherent in only one person, the surrogate mother."
This association evokes the risks of perinatal mortality, postpartum depression and the fact that according to some researchers, "pregnancies resulting from assisted reproduction carry more risk" than others.
The family lawyers' brief also refers to the Casablanca Declaration, signed on March 3 by 100 experts from 75 nationalities, which calls for the abolition of surrogacy "in all its modalities and in all its forms, whether paid or not".
Nevertheless, the Association of Family Lawyers does a comprehensive 92-page analysis of the bill on the table, with a series of suggestions.
As for the Barreau du Québec, it sees several advances in the bill. However, he would like independent legal advice to be mandatory for both the intended parents and the woman carrying the child.
A feared "industry" of pregnancy for othersThe International Declaration of Women – Quebec Chapter is concerned that the government is preparing to remove the brake that, for now, protects Quebec from what it calls the "industry" of pregnancy for others.
In its brief signed by Ghislaine Gendron and Clémence Trilling, the group called for the article of the law requiring that any agreement "by which a woman undertakes to procreate or bear a child on behalf of another person is absolutely null and void" be maintained. (It is because of this article that couples, from Quebec and elsewhere, currently prefer to go to other states where legal conventions are allowed.)
The International Women's Declaration group points out that the oocytes used in Canada often come from the United States, "a country that allows a commercial practice, unlike Canada."
It should be noted that no surrogate woman filed a brief during the public hearings of the bill.
A debate to be made firstThe law that Quebec is about to promulgate takes for granted that pregnancy for others is "inevitable", while many organizations around the world sound the alarm and countries prohibit this practice, argued in parliamentary committee the group For the rights of women of Quebec.
The brief, written by Claire Aubin, Athena Davis, Alexandra Houle and Michèle Sirois, invites Quebec to resist "the globalized trade of surrogate mothers." "Pregnancy for others is presented as progress for some, while all the risks are taken by women, egg providers and surrogates, and all the profits go to the industry and customers who order the children. As for children, they suffer the desire
of adults without having a voice or protectors," it said.
In Canada, the use of surrogate women is legal, provided they do not receive remuneration and only their expenses are reimbursed. In some Canadian provinces (including Ontario), agreements between intended and surrogate parents are recognized by law and the birth certificate may bear the names of the intended parents from the outset. Through its bill, Quebec intends to
recognize the agreements between the parties.
The group Pour les droits des femmes du Québec argues that many countries prohibit pregnancy for others
or regulate it much more tightly than Canada.
In fact, France, Switzerland, Germany and Spain are among the countries that prohibit it.
In Spain, France Press Agency reported this week, the baby of a 68-year-old Spanish actress and TV star born in Miami to a surrogate woman has raised the ire of the government, which considers surrogacy a form of violence against women.
A filiation from childbirth demanded by an LGBTQ+ groupFor its part, the Coalition of LGBTQ+ families is pleased in its brief that Quebec advocates "a relatively easy administrative procedure" so that intended parents are legally recognized, "without the obligation to go to court."
This organization also thinks it wise for the Quebec government to "grant maternity leave to the surrogate if she resides in Quebec."
On the other hand, it recommends "that after birth, the filiation of the intended parents be granted automatically, without giving a grace period of 30 days to the surrogate," as provided for in the bill.
For its part, the Conseil du statut de la femme welcomed in its brief several provisions of the Quebec bill that are in line with the recommendations it had already made, including the one requiring that a surrogate woman must be over 21 years of age.
The government agency is nevertheless concerned that the bill "ignores" cases where a Quebec woman agrees to carry a child in order to give it to intended parents domiciled outside Quebec, which is significant in its opinion insofar as research studies report "Canada's attractiveness for foreign intended parents."
The Council on the Status of Women is also concerned that "some surrogate women interviewed in empirical surveys consider that they have been insufficiently informed about the risks associated with in vitro fertilization treatments [...]".
"Only one party assumes the risks"For its part, the Association des avocats et avocates en droit familial du Québec is concerned that "the pregnancy agreement for others carries the risks inherent in only one person, the surrogate mother."
This association evokes the risks of perinatal mortality, postpartum depression and the fact that according to some researchers, "pregnancies resulting from assisted reproduction carry more risk" than others.
The family lawyers' brief also refers to the Casablanca Declaration, signed on March 3 by 100 experts from 75 nationalities, which calls for the abolition of surrogacy "in all its modalities and in all its forms, whether paid or not".
Nevertheless, the Association of Family Lawyers does a comprehensive 92-page analysis of the bill on the table, with a series of suggestions.
As for the Barreau du Québec, it sees several advances in the bill. However, he would like independent legal advice to be mandatory for both the intended parents and the woman carrying the child.
A feared "industry" of pregnancy for othersThe International Declaration of Women – Quebec Chapter is concerned that the government is preparing to remove the brake that, for now, protects Quebec from what it calls the "industry" of pregnancy for others.
In its brief signed by Ghislaine Gendron and Clémence Trilling, the group called for the article of the law requiring that any agreement "by which a woman undertakes to procreate or bear a child on behalf of another person is absolutely null and void" be maintained. (It is because of this article that couples, from Quebec and elsewhere, currently prefer to go to other states where legal conventions are allowed.)
The International Women's Declaration group points out that the oocytes used in Canada often come from the United States, "a country that allows a commercial practice, unlike Canada."
It should be noted that no surrogate woman filed a brief during the public hearings of the bill.