Children born of rape could challenge their parental relationship in Quebec

Minister Simon Jolin-Barrette is adding a component to his broad reform of family law. He tabled a bill on Thursday which provides that a child born of rape can break his bond of filiation with the parent-aggressor.

If adopted as is, the legislative text presented in the morning by the Minister of Justice will allow these children to receive compensation to “contribute to satisfying [à leurs] needs “. He will also offer them to retain their testamentary rights, despite the absence of parental ties in the eyes of the State.

Bill 12 also recovers large sections of a text of legislation tabled by Mr. Jolin-Barrette in the last term. In it, the minister attacked the use of surrogate mothers. However, the National Assembly had not been able to adopt it, for lack of time.

Currently, any contract between a couple and a surrogate is invalid under the law. The agreement between the mother and the intended parents can therefore be broken at any time, without consequence. In his new bill, the elected Jolin-Barrette “frames [ce recours] in order to protect the interests of the child and to protect the surrogate mothers in the context of such a pregnancy”.

Further details will follow.

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