Source National Magazine
Though surrogacy is legal in Canada, surrogacy contracts are mostly deemed unenforceable throughout the country. In Quebec, they are qualified as “absolutely null” under the Civil Code’s article 541. That means that in Quebec a woman who agrees to carry a child for another individual or intended parents is deemed a threat to public order. So the contract, whether verbal or in written form, may not be enforced. But in an article recently published in the Canadian Bar Review, McGill University’s Stefanie Carsley notes that lawmakers have largely failed at dissuading people from taking the risk of entering surrogacy arrangements. Intended parents in the province have sought ways around the unenforceability issue by applying to the courts for legal status through adoption – more specifically through special adoption. This allows one birth parent to maintain their bond of filiation while their spouse adopts the child. Carsley reviews recent Quebec case law addressing article 541 and concludes that the province’s legal framework is failing all parties.