A desire is not a right

On June 6, 2023, Quebec included surrogacy (GPA) in its legislation and removed Article 541 of its Civil Code, which had previously rendered surrogacy contracts null and void. This article had effectively acted as a brake on the expansion of the surrogacy industry in Quebec.

Quebec is a province that has developed, over the years, generous programs promoting access to parenthood and family support policies that many other Canadian provinces envy. These policies and programs are particularly attractive to the surrogacy industry and its clients.

All of these programs benefit the surrogacy industry and contribute to the creation of a kind of “state surrogacy regime”, in the sense that the Quebec government does not merely regulate surrogacy but subsidizes access to it. It also financially supports the use of surrogate mothers through a range of measures that ultimately benefit the clients. Given that many European countries ban surrogacy in the name of human dignity, Quebec’s position stands in contrast with the shared values of other democratic nations. In fact, Quebec goes even further than countries where surrogacy is commercialized: its social programs actively encourage the practice.

These competitive conditions make Quebec women a particularly attractive “pool of human resources” for the industry, lowering costs for clients. Whether these clients live in other provinces or abroad (it is enough to have a Quebec address for one year to qualify), part of the costs associated with their surrogacy arrangements is borne by Quebec taxpayers.

" I had done my research — I was ready to accept the risks. But that’s information they don’t really share. They don’t want to scare the surrogates they’re recruiting. There’s a huge shortage of surrogate mothers in Canada — with so many people coming from all over the world — that they don’t want to risk someone getting scared and backing out. So they just don’t talk about it. They give you a tiny pamphlet folded a thousand times so you can’t even open it, you know." "

(Geneviève, surrogate mother) ¹

Geneviève testified that she carried out two surrogacies (GPA) and unfortunately lost her uterus after the second one. Many surrogate mothers in Quebec do not fully realize what they are committing to when they agree to carry a child who will be handed over to prospective parents. Few of them adequately understand the implications for the child to be born, or the potential impacts on their own families and health.

This website is primarily intended for them. We hope they will find here the information that was not provided to them elsewhere.

The surrogacy industry is a market built on human suffering. The suffering of infertile people, the suffering of women who agree to undergo invasive treatments in exchange for benefits that are often vaguely defined or poorly disclosed. The suffering of those who lose their fertility in the process, and those who have developed or will develop cancer following hormonal treatments. The suffering of women who experience postpartum depression after giving up the child they carried. The suffering of newborns who are abruptly separated from their mothers. The suffering of children who have been deliberately deprived of the presence of a father or a mother.

Prospective parents are people motivated by an intense desire to have a child who shares their genes. As legitimate as such a desire may be, we invite prospective parents to take a few moments to consider the implications of the method they are choosing to achieve it. We understand how difficult it can be to give up that dream, and we regret that some feel compelled to turn to surrogacy. We hope that after learning about the information presented here, they will choose other ways to become parents — whether through co-parenting, foster care, or adoption.

We also hope that the section dedicated to children born through surrogacy will help guide their decision-making.

Note ¹: LAVOIE, K. (2019), « Médiation procréative et maternités assistées Vers une approche relationnelle et pragmatique de la gestation pour autrui et du don d’ovules au Canada », Université de Montréal

Test Your Knowledge About Surrogacy

Check your understanding of Quebec law and surrogacy by taking this quiz.

How well do you know the provisions of Quebec and Canadian laws on surrogacy? What protections have lawmakers put in place for surrogate mothers, egg providers, and children born through this practice?

What are the effects of using assisted reproductive technologies used in surrogacy on pregnancy outcomes? What protections exist in cases of infertility, complications, or other health consequences following these pregnancies? How has the law ensured the protection of children’s right to know their origins?

All these questions—and many more—are addressed in this quiz game!