Reconceiving Quebec’s Legal Responses to Surrogacy Agreements
Each summer, the Paul-André Crépeau Centre for Private and Comparative Law organizes a series of seminars to promote research of students from ۲ݮƵ and elsewhere.
For this presentation, we welcome Stefanie Carsley, ۲ݮƵ University.
Abstract
In June 2015, the government-appointed Comité consultatif sur le droit de la famille released a report proposing substantial revisions to Quebec’s laws on surrogate motherhood. It recommended that article 541 CCQ – which renders surrogacy agreements “absolutely null” – be repealed, and that lawmakers amend the Civil Code of Québec to recognize and regulate surrogacy arrangements within the province. This paper examines the Comité’s proposed reforms and considers whether they better support Quebeckers’ reproductive choices than Quebec’s current regime. It argues that while the Comité’s recommendations better protect surrogate mothers’ interests, they do not go far enough to recognize and balance the experiences of intending mothers or to support diverse family forms. It suggests that Quebec might learn from British Columbia’s Family Law Act in reimagining its legal responses to surrogacy agreements.
Attendance is open to all. For more information, please email the Crépeau Centre.