While Italy is preparing to legislate to criminalize surrogate pregnancies (GPA) carried out abroad, Quebec (Canada) passed a somewhat revolutionary law in this field in June. This law of June 6 on the reform of family law includes a series of provisions on the rights of surrogate mothers and children resulting from a GPA project.

Its major innovation is that it takes into account the existence of a parental project validated by a contract drawn up in court between the parents of intention and a surrogate mother, in order to establish the filiation of the unborn child. In Quebec, parents of intent can be single, married or in a relationship (heterosexual or homosexual), under the terms of the 2004 Canadian federal law governing assisted procreation.

A notarized agreement is required and this surrogacy contract must precede the start of the surrogate mother's pregnancy. The intended parents cannot subsequently change their minds and abandon the child. The surrogate mother, on the other hand, must confirm after the birth that she does not wish to be the child's mother; this confirmation must be given within 30 days of the birth.

On the other hand, only altruistic surrogacy is permitted. Under federal law, it is forbidden to pay a female person to act as a surrogate mother, or to advertise the payment of such a fee. Federal regulations specify which costs incurred by the surrogate mother may be reimbursed.

Its content, particularly protective of the surrogate mother, is interesting to detail: It covers travel expenses, legal services, maternity clothing, telecommunications, childbirth preparation courses, childbirth and the services of a midwife or doula. It also includes the cost of health, life, disability and travel insurance, as well as compensation for the surrogate mother's loss of work-related income in the event of pregnancy-related disability.

Both the intended parents and the woman planning to carry the child will also be required to attend a psychosocial information session conducted by a member of a designated professional order (a psychologist or social worker). Under the terms of this law, both the intended parents and the surrogate mother must have been domiciled in Quebec for at least one year before applying for prior authorization. For the time being, therefore, only surrogate pregnancies carried out in Quebec will be considered.

Let's focus on the pivotal point of the law: the parental project of the intended parent(s), the common thread running through the system. Note that the surrogate mother participates in this project as a "donor," in the same way as a donor of gametes or embryos in medically assisted procreation (MAP); with the major difference that she appears as a person who "keeps her hand in" throughout the process (up to 30 days after the birth). And that there is – obviously – no anonymity or secrecy: We know, by definition, who the surrogate mother is.

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