Assisted procreation is when a couple, who wants to have a child, resorts to the biological contribution of a third party. There are two types of assisted procreation:

• Medically assisted procreation (without sexual relations; using a donor’s sperm or the father’s sperm). This is usually called artificial insemination.
  
• Non-medically assisted procreation (with sexual relations).

Filiation is established in the same way as when a couple has a child naturally. It is established:

• By the act of birth of the child. After birth, a document called the “declaration of birth” must be filled and sent to the Registrar of Civil Status. The parents write their names on this document and these names are recorded on the child’s act of birth. This is the main way of establishing filiation: the other ways are used if this way cannot be used.
  
  
• By uninterrupted possession of status. If a person’s name does not appear on the child’s act of birth, he can establish his filiation by uninterrupted possession of status. A person has uninterrupted possession of status when he acts like a parent, considers himself a parent, and is recognized as a parent by his family circle. The possession of status must be uninterrupted for a long enough period of time.
  
  
• By presumption of paternity. When a child is born during the marriage or civil union of a heterosexual couple (or within 300 days of the dissolution or annulment of the marriage or civil union), the man is presumed to be the father. There is also a presumption of parenthood in favour of the same sex spouse of a woman.
  
  
• By voluntary acknowledgement. If the status of a parent cannot be established by any of the three ways mentioned above, it can be established by a voluntary declaration of a person stating that he is the parent of the child.

In matters of filiation, the interest of the child and the stability of families are given more importance than biology. This is why no one can contest the filiation of a child and a parent whose name appears on the act of birth and who has uninterrupted possession of status.

To find out more about filiation, read our Infosheet entitled Filiation: the legal link between parents and children.

In the case of assisted procreation involving sexual relations, the man who helps conceive the child has one year after the birth of the child to have his paternity recognized. This is true even if the name of the heterosexual or homosexual spouse of the mother appears on the act of birth and even if that spouse, in reality, acts like a parent.

Therefore, the filiation of the heterosexual or homosexual spouse of the mother remains uncertain for one year, the period during which the biological father can decide whether or not he wants to establish his filiation with the child. If he decides to establish his filiation, the heterosexual or homosexual spouse of the mother cannot be legally considered a parent of the child.

Yes, if certain conditions are met. If the couple is married or in a civil union, the heterosexual or homosexual spouse of the mother is presumed to be the parent of the child who is born as a result of assisted procreation. However, such spouses can contest their filiation by proving that the child was not born as a result of assisted procreation or that they did not agree to using assisted procreation.

A spouse, even a de facto (common-law) spouse, who agreed to have a baby using assisted procreation, is responsible for the child even if the spouse refuses to sign the declaration of birth.

When the child is born as a result of assisted procreation, for example after artificial insemination, the parent can try to establish his filiation with the child using all available means.

To find out more about filiation, read our Infosheet entitled Filiation: the legal link between parents and children.

No. The law states that filiation cannot be established between a sperm donor and the child conceived using the donor’s sperm. Moreover, any information that could help identify the donor is confidential.

Since 2004, it is forbidden to pay someone for a sperm donation or an ovum transfer. However, the donor can be compensated for certain expenses (for example, traveling expenses).

It is not illegal, but the law states that surrogate mother contracts have no legal value in Quebec. Therefore, it is very risky to use such a contract, since, if the mother decides to keep the baby in the end, the person who entered into the contract with the mother cannot legally force her to give up the child.

Adoption remains the most common option for couples who cannot have a child. To find out more about adoption, read our Infosheets entitled Adopting a child in Quebec and International adoption.