Bébé M

[ciroccoj]

::law-fangirl squeeing below::

I FOUND IT I FOUND IT I FOUND IT!!

Hot diggety. After days of fruitless searching for the Quebec statute that bars contracts for surrogate motherhood, I finally stumbled upon it almost by accident in the Quebec Civil Code, Book Two: The Family. Right there on my shiny little QuickLaw screen, was "CHAPTER I.1: FILIATION OF CHILDREN BORN OF ASSISTED PROCREATION" is clause 541. Any agreement whereby a woman undertakes to procreate or carry a child for another person is absolutely null.

There, also, is the following, which has nothing to do with the paper I'm assisting in, but was interesting nevertheless:

539.1. If both parents are women, the rights and obligations assigned by law to the father, insofar as they differ from the mother's, are assigned to the mother who did not give birth to the child.

::happy sigh::

Now I just have to take a look at how other relevant common law jurisdictions (ie US, UK, Australia) treat surrogate motherhood contracts and custody disputes between genetic and gestational parents. Should be easy as pie. Not.


Later Edit: Unless anyone in the relevant jurisdictions has had cause to look up such case law/statutes? ::eyebrows raising hopefully::

Comments

[sangerin.livejournal.com]

Well, I know in Victoria there's a definite statutory bar against surrogacy contracts, and I could find the legislation for you if you'd like. (Probably not until tonight, though). I don't know about the other states, though. In fact, it's quite likely that NSW may have a limited permission. There's an assumption in Victoria that NSW's assisted reproduction laws are just generally broader, since they are on IVF (and on termination, too).

[ciroccoj.livejournal.com]

and I could find the legislation for you if you'd like. (Probably not until tonight, though).

That would be great. Thanks!