The Quebec Minister of Justice, Simon Jolin-Barrette, tabled, on October 21, 2021, the long-awaited Law on the reform of family law in matters of filiation and amending the Civil Code in matters of personality rights. and civil status. This bill proposes in particular to fill the void existing in Quebec as regards the regulation of surrogacy (surrogacy) by allowing the recognition of the filiation of children thus born to their parents by simple administrative means.
Several significant advances should be noted concerning the regulation of this practice. First of all, the bill proposes the establishment of a mandatory meeting between the surrogate woman and the intended parents to discuss upstream the various ethical issues as well as the needs and expectations of each of the parties. This is an important added value of the bill, since the work on surrogacy carried out in the Western context as well as our own research with surrogate women and Quebec parents show that it is the relationship that unites them that is the basis. of a harmonious and satisfactory surrogacy. Already, in 2018, we supported this method in the brief we submitted to the Citizens’ Commission on Family Law.
In addition, the Quebec Parental Insurance Plan will adapt to this new reality by allowing the carrier woman to benefit from 18 weeks of maternity leave, while allowing parents to benefit from a full year with their newborn. This measure is in line with the desire to put all children on an equal footing, regardless of the circumstances of their birth. In addition, the bill reiterates the full reproductive autonomy of the surrogate woman and leaves her all the necessary latitude to decide for herself on health care related to her pregnancy and childbirth. This aspect is essential, and deserves to be underlined.
Finally, the guidelines related to reimbursable expenses will make it possible to discuss the costs related to a pregnancy for others without this being marred by the taboo related to pecuniary considerations. If our work shows that surrogate women do not want to be paid, they do not want to bear the financial burden of the costs or even the loss of income associated with their pregnancy for others. Carrying a child for a couple should not impoverish the woman who agrees to do so or make her personal and family situation more precarious.
The sticking point
The bill proposes to allow a period of thirty days for the revocation of the consent of the surrogate woman after the birth of the child. During the first seven days, she will not be able to renounce her parentage to the child either. This is based on the false premise that surrogate women might feel helpless when delivering the child. However, research shows that this event is not a painful or difficult experience psychologically. Carrier women often describe this moment as a great accomplishment and a happy event. The dissatisfaction that some surrogate women may experience does not result so much from the separation from the child they have borne, but rather from the lack of recognition or enthusiasm on the part of the intended parents, or even, of a not very warm relationship with them during pregnancy.
In addition to not being a request expressed by the women directly concerned, this measure represents a sword of Damocles which will weaken the relationship between them and the intended parents, at the expense of the best interests of the child. It opens the door to multiple dramatic scenarios and potential conflicts that should be prevented by simply removing this period of revocation of consent.
While we welcome this long-awaited reform of family law, we hope that the Minister will be able to adapt the bill to meet the needs of the individuals and families concerned, while promoting security and well-being. to be women and children.