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Part 2

For many intended parents in Quebec, the search for a surrogate¹ begins with hope, yet it is quickly faced with the restrictions of provincial law. The path to parenthood is shaped not only by personal readiness, but also by where a potential surrogate lives.

With the adoption of Bill 12², which came into force on June 6, 2024, Quebec introduced a new framework that defines where Quebec intended parents can find surrogates. Under this legislation, intended parents in Quebec may only enter into surrogacy agreements with surrogates residing in one of eight designated provinces:
Quebec, Ontario, Alberta, British Columbia, Prince Edward Island, Manitoba, Nova Scotia, and Saskatchewan. Notably, New Brunswick, Newfoundland and Labrador, and all three Canadian territories fall outside this list. The result is a patchwork map that shapes who can help build a family and who, by law, cannot.

If the intended parents find a surrogate within one of the designated provinces, the parties can participate in a surrogacy project that respects the provincial requirements. So long as all the necessary project criteria are met, the child born will be issued a Quebec birth certificate. This recognition provides clarity, stability, and legal certainty for the child from the very beginning of the child’s life.

For some intended parents, the restriction of designated provinces means the search for a surrogate becomes narrower and, at times, seemingly impossible. When the right match cannot be found within these provinces, many are left wondering what options remain. The answer is that each situation is unique, and navigating it often requires guidance.

If you are an intended parent struggling to find a surrogate within the designated provinces, we encourage you to reach out and explore the paths that are available to you.

[1] Note that according to the language of the Civil Code of Quebec, the word “surrogate” is not used, but the term used is “the woman or the person who has agreed to give birth to a child.” The use of the word surrogate in this text is merely for ease of the reader.