FRANÇAIS

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3 Information Themes for Surrogate Mothers

 

This section is intended for Quebec women who are considering becoming surrogate mothers. It provides information about the provisions of the Quebec law enacted in 2023.

 

• What protections does Quebec law provide — or not provide — for you?
• Are the risks of surrogacy the same as those of a spontaneous pregnancy?
• What happens if I decide to keep the baby?
• Does a pregnancy using a donor egg involve the same risks as a natural pregnancy or one using the surrogate’s own egg?
• What should I do if the intended parents ask me to undergo an embryo reduction?

 

We aim to address all of these questions to provide surrogate mothers with information that they may not receive from other sources, including media coverage or "The Canada Research Chair in Third-Party Reproduction and Family Ties".

 

 

Surrogate Mothers:

5 Essential Facts You Should Know

 

 

Your Rights |

 

If you give birth in Quebec and have signed a notarized agreement in Quebec:

 

1.  Despite the behavioral clauses included in the notarized agreement (restrictions on sports activities, adherence to a specific diet, prohibition of alcohol or drug use, lifestyle obligations, waiver of medical confidentiality, restrictions on sexual partners or sexual activity, limits on travel, etc.), you are not legally bound to comply with them. In other words, you may withdraw your consent unilaterally at any time during your pregnancy, especially if the intended parents threaten you with legal action for not following such clauses.

 

These behavioral clauses have no enforceable power. They only serve to record the “shared values” between you and the intended parents. This is the meaning of the expression “sous toute réserve” (subject to all reservations) often found in these agreements.

 

 

If you sign a contract outside Quebec:

 

2.  DEMAND TO BE REPRESENTED BY A LAWYER THAT YOU CHOOSE YOURSELF. Nothing requires you to be represented by the same lawyer as the intended parents or the one suggested by the intermediary agency. Be aware that even if you choose your own lawyer, that lawyer automatically faces a conflict of interest since their fees are paid by the intended parents.

 

Remember that the lawyer representing you is hired only to advise you for the contract signing. If the intended parents sue you for breach of contract or for violating a behavioral clause, the legal defense costs will be your responsibility.

 

Do not sign a confidentiality clause that prevents you from speaking to the media about a negative experience:

 

3.  Most surrogacy contracts include confidentiality clauses, which will restrict your freedom of expression if the pregnancy goes badly, if the intended parents refuse to compensate you, if you are mistreated, or if you were misled or deceived.

 

You will not be able to speak publicly or contact the media to share your story if you sign a confidentiality clause.

 

Your Health |

 

 

4.  The information session required by Quebec law does not inform you about the additional and cumulative medical risks associated with “genetic” surrogacy.

 

The risk of severe maternal morbidity is estimated to be 3.5 times higher for “genetic” surrogacy than for natural pregnancy. Long-term risks from ovarian stimulation, massive injections of synthetic hormones, and exposure to endocrine disruptors remain poorly documented.

 

Your Sociological Profile |

 

 

5.  Canadian and international statistics show that economic power is unequal between intended parents and surrogate mothers.

 

These power dynamics manifest, among other things, through the intended parents’ greater access to legal support during court proceedings.

 

If you are sued because the intended parents claim you violated certain behavioral clauses of the surrogacy agreement (particularly for contracts signed outside Quebec or births occurring outside Quebec), be aware that the intended parents have a statistically proven economic advantage and that you will have to bear your legal defense costs, even though your commitment was made in an altruistic spirit.