Thile Italy is preparing to legislate to criminalize surrogacy pregnancies (GPA) carried out abroad, Quebec (Canada) passed a somewhat revolutionary law in this area in June. This law of June 6 on the reform of family law includes a series of provisions on the rights of surrogate mothers and children resulting from a GPA project.
Its novelty, and it is significant, is to take into account the existence of a parental project validated by a contract established in court between intended parents and a surrogate mother, in order to establish the filiation of the child. to be born. In Quebec, intended parents are single people, married or in a couple (heterosexual or homosexual), under the terms of the Canadian federal law of 2004 which governed assisted procreation.
A notarized agreement is mandatory, and this surrogacy contract must precede the start of the surrogate mother’s pregnancy. The intended parents cannot later change their minds and abandon the child. The surrogate mother, on the other hand, must confirm after the birth that she does not want to be the mother of the child; confirmation which must be given within thirty days after delivery.
On the other hand, only an altruistic GPA is authorized. According to federal law, it is in fact prohibited to pay a female person to act as a surrogate mother or to advertise the payment of such remuneration. There is a federal regulation which specifies which costs incurred by the surrogate mother may be reimbursed.
A psychosocial information session
Its content, particularly protective for the surrogate mother, is interesting to give in detail: it concerns travel costs, legal services, costs relating to maternity clothing, telecommunications costs, costs linked to preparation courses for childbirth, childbirth and the services of a midwife or doula. They also include costs relating to health insurance, life insurance, disability insurance or travel insurance, as well as compensation to the surrogate mother for loss of income at work in the event of incapacity. related to pregnancy.
Both the intended parents and the woman who plans to carry the child must also participate in a psychosocial information session led by a member of a designated professional order (a psychologist or social worker). Under the terms of this law, the intended parents as well as the surrogate mother must have been domiciled in Quebec for at least one year before requesting prior authorization. We therefore see that, for the moment, only surrogacy pregnancies carried out in Quebec will be taken into account.
You have 50.74% of this article left to read. The rest is reserved for subscribers.