It's time for a conversation on parental surrogacy rules
By Celine Cooper,
Montreal Gazette
| 07. 31. 2016
Untitled Document
As first reported in La Presse last week, a Quebec court recently handed down a decision in which a non-biological father was allowed to officially adopt twin girls born to a surrogate mother in India.
As a potentially precedent setting case, it’s worth watching where the legal and political conversations go from here. The issue of third party reproduction in Canada is a complicated one. Although it is not illegal to use a surrogate mother, the governing federal legislation, the Assisted Human Reproduction Act, states that it is illegal to pay a woman for her services. In Quebec, surrogacy is explicitly discouraged; Article 541 of the Civil Code stipulates “any agreement whereby a woman undertakes to procreate or carry a child for another person is absolutely null.” What this means in practical terms is that surrogate mother contracts in Quebec are not legally recognized. A woman who carries the child — whether for altruistic or commercial purposes — remains the legal mother. This status cannot be altered unless the child is officially adopted.
The recent case in question involves a...
Related Articles
By Ryan Cross, Endpoints News | 08.19.2025
Human eggs are incredibly rare cells. The ovary typically produces only 400 mature eggs across a woman’s life. But biologists in George Church’s lab at Harvard University — a group that’s never content with nature’s limits — just got a...
By Riley Beggin and Jeff Stein, The Washington Post | 08.03.2025
The White House does not plan to require health insurers to provide coverage for in vitro fertilization services, two people with knowledge of internal discussions said, even though the idea was one of President Donald Trump’s key campaign pledges.
Last...
By Harry Hunter, PET BioNews | 08.11.2025
The Parliamentary Office of Science and Technology has announced plans to publish a POSTnote and called for submissions on surrogacy law in the UK and internationally.
The current UK surrogacy laws, largely based on legislation from the 1980s, have been...
By Staff, National Women's Law Center | 08.13.2025
INTRODUCTION
Baby bonuses. Motherhood medals. Fertility tracking. You may have heard of these policy proposals as solutions from the Trump administration to help encourage women to have more children.
Besides falling short of ensuring that people have what they need...