Surrogacy for Quebec Families: What the 2023 Law Changed

If you live in Quebec and you want to build your family through surrogacy, you have probably heard that the rules are different there. You are right. Quebec is the one province with its own civil law system, and it rewrote its surrogacy rules in 2023.

I want to give you a clear picture of what I understand the law says, and also be honest that this is an area where you need a Quebec notary or lawyer, not just an agency, so that you are working from the current text.

This article is general information based on public sources, last checked October 2026. It is not legal advice.

What changed in 2023

Quebec's Bill 12 changed the Civil Code's rules on surrogacy and received assent on June 6, 2023. Before that, surrogacy agreements were not recognized in Quebec law, which left families in a grey zone. The new rules create a framework for what the Code calls a "parental project involving surrogacy."

Public summaries from Quebec law firms describe these main points:

A notarized agreement before the pregnancy. The surrogate and the intended parents must sign an agreement before a notary who is a member of the Chambre des notaires du Québec, and this has to happen before the pregnancy begins.
An information session. In certain situations, the parties must attend an information session on the psychosocial and ethical issues of surrogacy. A 2024 regulation sets its minimum length at three hours.
The surrogate stays the legal parent until she consents. The surrogate remains the child's legal parent until she consents after the birth. The law is clear that a court does not have the discretion to change this if she decides she does not want to give up her parental rights.
No payment, with reimbursements. As elsewhere in Canada, the federal Assisted Human Reproduction Act still applies, so a surrogate cannot be paid a fee. Expenses can be reimbursed.

If your surrogate lives outside Quebec

Many Quebec families work with a surrogate in another province, or abroad. The regulations that followed Bill 12 include specific rules for this situation, including a requirement for prior authorization from Quebec's Minister of Health and Social Services when the woman who will give birth lives outside Quebec.

One law firm's summary reports that these rules apply to intended parents who have lived in Quebec for at least a year and are working with a surrogate outside Quebec, and that they do not apply to a Quebec surrogate working with intended parents from another province or country. Details like these matter, so please confirm them with a Quebec lawyer or notary.

Practically, this means you have two legal systems to think about: Quebec's rules for you, and the rules of the province where your surrogate lives and gives birth. Our guide to the legal framework for surrogacy in Canada explains how other provinces handle parentage.

What else is different in Quebec

Parental leave. Quebec residents use the Quebec Parental Insurance Plan (QPIP) instead of federal EI.
Fertility funding. Quebec has its own fertility funding and tax credits. Check Revenu Québec and the province's official program for the current rules.
Language and notaries. Agreements and procedures are handled through Quebec notaries, so choose professionals who are comfortable with this process.

A practical checklist for Quebec families

Speak to a Quebec notary or lawyer who handles surrogacy before you match
Confirm whether your situation needs ministerial authorization
Plan for the information session and the notarized agreement before any medical steps
Confirm the rules in the surrogate's province as well, if she lives elsewhere
Build extra time into your timeline for the legal steps

Where we fit

We are an agency, not a law firm, so we will never replace your lawyer. What we can do is help with matching, coordination and support, and make sure the legal pieces are lined up early so nothing delays your transfer.

Book a free consultation at calendly.com/cso-robyn

Sources

From hope to heartbeat to home.