The Revolution of Family Law in Quebec: Unanimous Adoption of Bill 12 Redefines Child Protection

Quebec has taken a historic step in protecting the rights of children and families. The unanimous adoption of Bill 12 by the National Assembly marks a major reform of family law, focusing on the protection of children born as a result of sexual assault and on the regulation of surrogacy. This legislative turning point aims to meet the specific needs of Quebec families while strengthening the rights of mothers and children.

A New Framework to Protect Children Born of Sexual Assault

Refusal of Paternity Test for Victim Mothers

Henceforth, a mother who is a victim of rape can refuse her aggressor’s request for a paternity test. This legal provision offers essential protection to mothers by preventing them from reliving trauma linked to the assault. It also ensures that the aggressor cannot claim parental rights over the child born from this violence.

Financial Obligations of Offenders

Bill 12 stipulates that a sexual offender can be compelled to pay child support for a child born from rape. The child will also have the right to inherit from the offender after his death. These measures provide financial protection for the child while maintaining the legal responsibility of the offender towards their offspring.

Reversal of the Burden of Proof

The burden of proof regarding the loss of parental authority now falls on the delinquent parent. If a judgment recognizes that they have committed a sexual offense against a child, it is up to them to prove that they deserve to retain their parental rights. This reversal aims to further protect children by placing their safety and well-being at the forefront.

The Case of Océane: A Trigger for the Reform

In August 2022, the story of Océane, reported by La Presse, profoundly impacted public opinion. A young woman who gave birth following a rape, she could not refuse her aggressor’s claim of paternity of the child. This emblematic case influenced Justice Minister Simon Jolin-Barrette and was a catalyst for the implementation of Bill 12.

Alarming Statistics

According to the Ministry of Justice, over 170 children are born each year from rape in Quebec. This reality underscores the urgency of adopting legislative measures to protect these children and their mothers by offering them legal remedies adapted to their situation.

Regulation of Surrogacy

Bill 12 establishes a regulatory process for surrogacy, previously without legal force in Quebec. The fundamental principles include:

  • Total Autonomy of the Surrogate Mother: The woman carrying the child retains complete autonomy over her body and can terminate the agreement at any time.
  • Prohibition of Remuneration: Although reimbursement of certain expenses is admissible, any form of remuneration is prohibited.
  • Commitment of Intended Parents: They cannot renounce the child if they change their minds, thus ensuring the protection of the unborn child.

Mandatory Procedure

The intended parents and the surrogate mother must attend an initial information session. A notarized agreement, as defined by law, is now mandatory to formalize the surrogacy arrangement.

Access to Origins for Children Born from a Donation

Bill 12 provides that children born from a gamete donation or surrogacy will have access to information about their origins. A registry will be created to facilitate this access. In certain circumstances, the child will have the right to know the name and profile of the third party, as well as information allowing contact, unless the donor refuses contact.

A Reform Focused on the Best Interests of the Children

Minister Jolin-Barrette emphasized that this reform is guided by the best interests of the children. He stated: “A mother who has experienced such a traumatic event should not have to live with the fear that one day, her aggressor will claim rights over her child.” The adoption of Bill 12 demonstrates Quebec’s commitment to protecting its most vulnerable citizens and adapting its laws to contemporary realities.

Conclusion

The unanimous adoption of Bill 12 marks a decisive turning point in family law in Quebec. By strengthening protections for children born of sexual assault and legally regulating surrogacy, Quebec demonstrates its commitment to a more just and equitable society. This legislative reform is a major advancement for the rights of mothers and children and reflects a positive evolution of the province’s social and legal norms.


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