Sometimes the desire to become a parent is complicated by circumstances. Fortunately, there are several ways to start a family. One of these is assisted reproduction.
Two possible methods
Assisted reproduction can occur in two ways: medically assisted reproduction and reproduction with the help of a friend.
Medically assisted reproduction can occur through artificial insemination, which involves taking the donor’s sperm and artificially inseminating it into the woman. Another method is in vitro fertilization, where eggs from the mother-to-be or another woman are fertilized in a laboratory using sperm from the spouse or a donor. The fertilized eggs are then implanted into the woman’s uterus.
If a heterosexual couple receives medical assistance to conceive a child with their own reproductive cells (eggs and sperm cells), this is also considered medically assisted reproduction. However, the rules on filiation by blood apply to determine who are the child’s parents.
Another method involves asking a friend for help to conceive a child. A single woman, a lesbian couple or a heterosexual couple can use this method. In this case, the woman is naturally inseminated by the friend during sex.
Determining filiation: a “parental project” is required
The law uses the expression “parental project” to refer to a couple or a person’s decision to have a child using the sperm or egg of another person. A heterosexual couple, a lesbian couple or a single woman can establish a parental project.
The roles are clear in the case of medically assisted reproduction: the sperm donor or the egg donor has no rights to the child. Instead, the person or persons who formulated the parental project will be the child’s legal parents.
The rules are different in the case where a friend helps to conceive the child. In this situation, it’s important to carefully choose the donor/friend. No matter what agreement was reached, the friend has a year after the child’s birth to claim paternity. He can therefore compromise the bond of filiation between the child and the mother’s spouse.
Putting the parental project on paper
No matter what method is used, it’s a good idea to prepare a signed document where everyone recognizes the existence of the parental project. For instance, nine months or even years later, it can be difficult to prove what everybody’s intentions were at the time the child was conceived.
Surrogate mother: risky in Quebec
A surrogate mother is a woman who agrees to lend her womb to carry the baby. Sometimes she also gives the eggs necessary to conceive the child. Once she delivers the baby, she gives the child to the person or couple who retained her services, whether for free or for payment.
Though it’s not a crime to have a surrogate mother carry a child, paying her for her services is an offence. It’s also an offence to ask a person under the age of 21 to be a surrogate. In addition, the law says that an agreement entered into with a surrogate mother is invalid in Quebec. Therefore, a contract with a surrogate is very risky for these reasons:
The surrogate mother can decide to keep the baby.
The clients may decide they no longer want the child.
If the client’s sperm is used, he will be the child’s father with all the related rights and responsibilities, which will complicate things if the clients no longer want the child.
In the eyes of the law, the surrogate mother is the child’s real mother and she can’t be replaced in this role unless the child is then adopted.
The law clearly states that filiation (the legal bond between a child and a parent) can’t be established between a sperm donor and the child conceived using the donor’s sperm. Also, any information that could help identify the donor is confidential.
However, there’s an exception if the child’s health could be affected by not having this information. In this case, the child can ask the court to make this information available, and the information will be transmitted only to the doctors concerned.
This article explains in a general way the law that applies in Quebec. This article is not a legal opinion or legal advice. To find out the specific rules for your situation, consult a lawyer or notary.