Only women who have already carried a child to term should be allowed to become surrogate mothers. This is one of the main recommendations of the Federation of Specialist Physicians of Quebec (FMSQ) in its brief on the reform of family law.
The bill currently provides that any woman over the age of 21 who has been domiciled in Quebec for more than a year can be a surrogate mother. Medical specialists find this insufficient.
“We believe that in order to be able to fully consent to the surrogacy plan and understand the implications of such an act of self-sacrifice, a woman should have experienced a first pregnancy. […] », Is it written in the thesis obtained by Press.
“This reflection is based on several principles. The first is the ability to consent to a pregnancy when the prospective surrogate has never experienced it. The second is experience, a surrogate mother who has had a previous pregnancy will be better able to understand changes in the body, hormones, etc. pregnancy and would immediately be better equipped and empowered to do so for a third party ”, we can read.
Specialists are therefore of the same opinion as the Council on the Status of Women.
Health problems
Medical specialists are also worried about the fact that the bill is “silent” on these 4% of babies who are born with a health problem, some of which can be detected. in utero. “Only the surrogate mother can make the decision to have an abortion,” insists the FMSQ.
“It seems essential to us that the bill be clear by indicating that the intended parents accept all the risks inherent to the health of the unborn child. […]
“Whether you adopt, give birth or choose a surrogate mother, there is never a guarantee,” notes the D in an interview.D Karine J. Igartua, secretary of the board of directors of the FMSQ.
Even if every precaution is taken, even if one chooses a healthy surrogate mother, complications can arise.
The DD Karine J. Igartua
If the intended parents must let the surrogate mother dispose of her body during the pregnancy and if they must accept the risks inherent in their project, the Federation of medical specialists believes that Quebec is erring by not recognizing them fully as parents as soon as possible. childbirth.
According to the DD Igartua, “this vagueness can be dangerous”.
“It is possible after birth that the baby will need an intervention and if the obstetrician or the pediatrician has to consider who should authorize the procedure, precious minutes are wasted. ”
One thing is certain, these are serious questions, and the FMSQ welcomes the idea contained in the bill of training for surrogate mothers and intended parents so that those who embark on the project do so. eyes wide open ”, insists the DD Igartua.
Sex and gender identity
In addition to looking into the issue of surrogate mothers, the FMSQ focused on issues of sex change and gender identity.
First, she welcomes the government’s openness to reviewing its initial intention to limit obtaining a change of sex at the birth certificate to only people who have had medical treatment and surgical interventions in this regard. , which has already been widely criticized.
The DD Igartua emphasizes how cumbersome sex reassignment surgeries are and that they are not at all what everyone is looking for.
For her, this surgical requirement is nothing more or less like “asking people to lower their panties”.
The social discussion surrounding gender identity must avoid being medicalized. The use of surgery should, above all, be the result of a voluntary process and not submission to a legal constraint.
The Federation of Specialist Physicians of Quebec, in its brief
But beyond that, the FMSQ wonders about “the relevance, usefulness and necessity of the mention of the sex in the civil status and on the other documents of identification of an individual, such as the license driver’s license, passport, health insurance card, etc. “.
Instead, it recommends that anyone be allowed to change the sex designation on the birth certificate to a male, female or non-binary gender identity statement, represented by the choices “M”, “F” or “X”.
The Federation is also specifically in disagreement with the obligation for minors wishing to add a gender identity or change their gender identity to obtain a letter from a professional declaring that they have assessed and monitored them.
“This obligation to provide a statement from a health professional has no place,” write the medical specialists, especially since “the fact of being transgender or not binary is not a health problem and no medical test can confirm gender identity ”.
Adopted children
Finally, the DD Igartua considers it extremely important to protect the rights of children who have been adopted.
“When a child has been adopted at birth, his birth parents may not be part of his life and at 18 or 21 he may not want to meet his parents. Just because someone gave birth 20 years ago to someone doesn’t suddenly mean they have the right to know what happened. ”