--- title: "Update on Quebec Surrogacy Laws | Bill 12 Explained ✦ Goldwater Droit" meta: "og:description": "Learn about Quebec's updated surrogacy laws under Bill 12, including legal requirements, parental rights, and key conditions for surrogacy agreements." "og:title": "Update on Quebec Surrogacy Laws | Bill 12 Explained" description: "Learn about Quebec's updated surrogacy laws under Bill 12, including legal requirements, parental rights, and key conditions for surrogacy agreements." --- ![Update on Surrogacy Laws in Quebec](https://goldwaterdroit.com/_vercel/image?url=%2Fimg%2Flogo%2Flogo-mark-textured.png&w=1536&q=80) [News & Insights](https://goldwaterdroit.com/en/news-insights) # Update on Surrogacy Laws in Quebec 14 February 2025 3 min read [Family Law](https://goldwaterdroit.com/en/news-insights?topic=family-law) [Articles & Analysis](https://goldwaterdroit.com/en/news-insights?category=articles-analysis) On June 6, 2023, [Bill 12 came into force](https://www.assnat.qc.ca/en/travaux-parlementaires/projets-loi/projet-loi-12-43-1.html?appelant=MC), providing protections for surrogates in the context of surrogate pregnancies. This Bill allows individuals or couples to pursue surrogacy as part of a parental project to have a child. However, strict terms and conditions must be followed to proceed with this process. ## The New Surrogacy Process in Quebec Parents wishing to pursue surrogacy are required to enter into a [**surrogacy agreement**](https://www.quebec.ca/en/famille-et-soutien-aux-personnes/grossesse-parentalite/grossesse-autrui/surrogacy-inside-quebec) before the pregnancy begins. This agreement outlines the nature of the expenses that may be paid or reimbursed to the person giving birth, along with other relevant details. The agreement must be **notarized** and accompanied by a written statement of consent from the person who will give birth. The consent must either be notarized or signed in the presence of **two witnesses** who have no interest in the parental project. The person giving birth must be **over 21 years of age** at the time the agreement is made. Despite these provisions, the Bill maintains that surrogacies must remain **gratuitous**. However, as mentioned earlier, parents may reimburse or pay for certain expenses related to the pregnancy and may provide compensation, if applicable, for lost income resulting from the surrogate's participation. Following the birth of the child, the parents must obtain the consent of the person who gave birth in order to establish **filiation** (link between the child and its parents) exclusively with them. This consent must be documented in a **notarized act** or in the presence of two witnesses. It is also important to note that additional conditions apply to the surrogate. Specifically, the person giving birth must meet with a qualified professional to be informed of the **psychosocial implications** of the surrogacy project, as well as the **ethical issues** it involves. This requirement extends to the parents forming the parental project. The professional must provide a signed attestation confirming that each party has attended the session. If all conditions are met, the filiation will be recognized and registered with the [**Register of Civil Status**](https://www.etatcivil.gouv.qc.ca/en/default.html), in accordance with the rules prescribed by law. If the conditions are not met, the filiation will need to be declared by the **Quebec Court**. ### Additional Surrogacy Conditions Further conditions may apply depending on whether all parties are domiciled in Quebec or if the person giving birth resides outside of Quebec. Here are few key differences: - if the person giving birth is domiciled outside of Quebec, the parental project must be submitted for **prior authorization** to the **Minister of Health and Social Services**. - The parents must have been domiciled in Quebec for at least **one year** before submitting their parental project. - The consent of the person giving birth must be given **explicitly**, either in writing or by **judicial declaration** during the proceedings relating to the filiation of the child. - The parental project can only be carried out if the person giving birth is domiciled in a foreign state that has been **designated by the Government**. - The filiation can be recognized either by the **Minister of Health and Social Services** or by a **Quebec Court**. ## Our Law Firm in Montreal Is Here To Help Goldwater Droit is a [law firm in Montreal](https://goldwaterdroit.com/en) specializing in [family law](https://goldwaterdroit.com/en/services/family-law-lawyer), [youth protection](https://goldwaterdroit.com/en/services/youth-protection), and [more](https://goldwaterdroit.com/en/services). 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