Cross-border Surrogacy in Quebec: Case law vs. Statutory Override

35 Conference on Private International Law "The Role of Judicial Actors in Shaping Private International Law: A Comparative Perspective", Swiss Institute of Comparative Law, Lausanne

19-20 november 2025

The 35th Conference on Private International Law, entitled “The Role of Judicial Actors in Shaping Private International Law: A Comparative Perspective”, had took place on 19–20 November 2025 at the Swiss Institute of Comparative Law in Lausanne.

This year’s edition focused on the vital role of judicial actors—including judges, lawyers, and litigants—in shaping the development and direction of private international law, both nationally and internationally, through court decisions, litigation strategies, and legal practice.

Abstract : 

Professor Al-Dabbagh proposes to discuss the recent reforms to Quebec’s surrogacy laws. Until 2023, Quebec prohibited surrogacy arrangements under Article 541 of the Civil Code, which states that any agreement whereby a woman agrees to conceive or carry a child for another person is « absolutely null ». At the federal level, offenders could also face severe penalties for paying surrogates or intermediaries to arrange services. Despite these prohibitions, commercial surrogacy arrangements have continued to take place abroad.

Through a liberal interpretation of the law, Quebec Courts have gradually and carefully undermined the legal ban by allowing intended parents to establish legal parentage (filiation). In response, lawmakers have had to react to counter an interpretation that evolved in an undesired direction. Bill No. 12-2023 establishes a highly regulated framework for cross-border surrogacy arrangements. While making such agreements enforceable, the reform leaves several important questions unanswered and could lead to unforeseen outcomes that may run counter to lawmakers’ original objectives.

Program

Actualités de la Faculté de droit

Ce contenu a été mis à jour le 12 janvier 2026 à 20 h 56 min.