Quebec wants to mark out the call to surrogate mothers in the law
Simon Jolin-Barrette laid the foundation stone for his important reform of family law. The Minister of Justice tabled a thick bill on Thursday that aims to better regulate the use of surrogate mothers and changes to gender identity.
This is a first step in the overhaul of family law that the elected representative of the Coalition avenir Québec (CAQ) has wanted to initiate for some time. Bill number 2, tabled Thursday at the Salon Bleu, tackles the thorny issue of "surrogacy". If adopted as is, the measure would have the effect of "recognizing [re]" this practice and placing it within the legislative framework.
For the time being, any contract concluded between a couple and a surrogate mother is invalid under the law. The agreement between the mother and the intended parents can therefore be skipped at any time, without consequence.
By introducing the first reform of family law since the 1980s, Mr. Jolin-Barrette wants to close this gap. "The process ensures that the children will have parents. Intended parents who change their mind along the way will not be able to abandon the child," the minister said at a press briefing at the National Assembly on Thursday.
This is a first step in the overhaul of family law that the elected representative of the Coalition avenir Québec (CAQ) has wanted to initiate for some time. Bill number 2, tabled Thursday at the Salon Bleu, tackles the thorny issue of "surrogacy". If adopted as is, the measure would have the effect of "recognizing [re]" this practice and placing it within the legislative framework.
For the time being, any contract concluded between a couple and a surrogate mother is invalid under the law. The agreement between the mother and the intended parents can therefore be skipped at any time, without consequence.
By introducing the first reform of family law since the 1980s, Mr. Jolin-Barrette wants to close this gap. "The process ensures that the children will have parents. Intended parents who change their mind along the way will not be able to abandon the child," the minister said at a press briefing at the National Assembly on Thursday.
The same goes for surrogate mothers. The measure filed Thursday provides that their parentage with
the child will cease to exist after childbirth.
Bill 2 is based on the establishment of a "gestation agreement". This contract, concluded between the intended parents and the child-bearer, should be free of charge and notarized before pregnancy. In doing so, it would require the parents to abide by the agreement and bind them to the child even before birth.
The only exception is that the surrogate mother would have the opportunity to terminate the contract before giving birth,
if she chose to have an abortion.
In 2019, the CAQ government consulted Quebecers to obtain their views on the upcoming revision of family law. Among the briefs received, several mentioned the possibility of allowing triparentality or multi-parenting.
The current legislative framework establishes that a child can only parent-child with two parents. "Yet, there are people who agree to three or four to raise children," said in an interview the holder of the Canada Research Chair in Procreation for Others and Family Ties, Isabel Côté.
Bill 2 is not intended to enshrine multi-parent realities in law. On Thursday, Minister Jolin-Barrette justified his choice. "The literature and studies do not show that it is better for a child to have more than two parents," he said.
Reviewing gender identity
The government also wants to review the laws governing gender identity in Quebec. The new legislation "provides that a person who meets certain conditions may ask the registrar of civil status to add to his act of birth a mention of gender identity, to change or remove it and to modify his first names accordingly".
It also intends to allow people who are not Canadian citizens to change their gender identity. Until now, the Civil Code prohibits it.
Simon Jolin-Barrette has not yet planned to review the part of the legislative framework that requires a minor between the age of 14 and 17 to obtain the approval of a professional to have his or her identity changed. In January, the Quebec Superior Court struck down this part of the law, before Quebec appealed the decision.
"We maintain that between the age of 14 and 17, the minor must consult a professional. It's not so different that when you change your gender or you receive medical treatment with hormones, [...], at that time, you go to see a health professional.
Necessarily, you go to see a doctor," the minister said.
The bill tabled Thursday represents the first half of the reform that Simon Jolin-Barrette intends to carry out. He wants to address marital issues in a second piece of legislation to come.
the child will cease to exist after childbirth.
Bill 2 is based on the establishment of a "gestation agreement". This contract, concluded between the intended parents and the child-bearer, should be free of charge and notarized before pregnancy. In doing so, it would require the parents to abide by the agreement and bind them to the child even before birth.
The only exception is that the surrogate mother would have the opportunity to terminate the contract before giving birth,
if she chose to have an abortion.
In 2019, the CAQ government consulted Quebecers to obtain their views on the upcoming revision of family law. Among the briefs received, several mentioned the possibility of allowing triparentality or multi-parenting.
The current legislative framework establishes that a child can only parent-child with two parents. "Yet, there are people who agree to three or four to raise children," said in an interview the holder of the Canada Research Chair in Procreation for Others and Family Ties, Isabel Côté.
Bill 2 is not intended to enshrine multi-parent realities in law. On Thursday, Minister Jolin-Barrette justified his choice. "The literature and studies do not show that it is better for a child to have more than two parents," he said.
Reviewing gender identity
The government also wants to review the laws governing gender identity in Quebec. The new legislation "provides that a person who meets certain conditions may ask the registrar of civil status to add to his act of birth a mention of gender identity, to change or remove it and to modify his first names accordingly".
It also intends to allow people who are not Canadian citizens to change their gender identity. Until now, the Civil Code prohibits it.
Simon Jolin-Barrette has not yet planned to review the part of the legislative framework that requires a minor between the age of 14 and 17 to obtain the approval of a professional to have his or her identity changed. In January, the Quebec Superior Court struck down this part of the law, before Quebec appealed the decision.
"We maintain that between the age of 14 and 17, the minor must consult a professional. It's not so different that when you change your gender or you receive medical treatment with hormones, [...], at that time, you go to see a health professional.
Necessarily, you go to see a doctor," the minister said.
The bill tabled Thursday represents the first half of the reform that Simon Jolin-Barrette intends to carry out. He wants to address marital issues in a second piece of legislation to come.
François Carabin
LE DEVOIR
Family law reform: Quebec wants to mark out the call to surrogate mothers in the law | The Duty (ledevoir.com)
LE DEVOIR
Family law reform: Quebec wants to mark out the call to surrogate mothers in the law | The Duty (ledevoir.com)
