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Legal protection


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#1 AngelmomQc

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Posted 07 August 2014 - 03:23 PM

Hello Sherry,

We are a couple from Quebec that can no longer considere pregnancy after terrible complications.
We are looking into a gestational surrogate in Ontario with our own embryos.
I would like to know if our rights would be protected through a surrogacy contrat making sure we get to keep our child.
Also would I be recognized as the mother in Quebec or would I need to adopt the child if my eggs are used ?

#2 ideagirl

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Posted 21 August 2014 - 12:22 PM

I'm sorry about your complications and difficulties having kids.


The best place to get answers to your questions would be with a lawyer in Quebec who works in the area of assisted reproduction law. The second-best place would be your clinic, assuming your clinic is in Quebec. However, some internet searching turned up a couple of links about a case in Quebec that indicates that at least as of five years ago (when the case happened), Quebec probably would not have recognized you as the mother. That being said, the case was different than yours in two important ways: (1) they didn't use the mother's eggs, but the surrogate's (legally speaking that is a TERRIBLE idea); and (2) they paid the surrogate $20,000 for "hardship and expenses," which is of course illegal. This particular case had what IMHO is a really stupid outcome--the judge refused to let the mother even adopt the child, because paying the surrogate was illegal. I'm guessing that wouldn't be the outcome for you guys because the egg would be yours and presumably you would not pay the surrogate. The case also sparked a response among Quebec lawyers urging the government to make surrogacy legal in Quebec, and I don't know how that turned out.


#3 SWg

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Posted 28 August 2014 - 05:46 AM

Surrogacy is not recognized in Quebec, therefore if your baby is born in Quebec you would then need to adopt. However if the baby is born in Ontario all you need is a DNA test and your name will then go on the birth certificate. The key is for the baby to be born in Ontario.