10 (1) In this section and in section 11, “intended parent” means a party to a surrogacy agreement, other than the surrogate; (“parent d’intention”) “surrogacy agreement” means a written agreement between a surrogate and one or more persons respecting a child to be carried by the surrogate, in which, (a)  the surrogate agrees to not be a parent of the child, and (b)  each of the other parties to the agreement agrees to be a parent of the child. (“convention de gestation pour autrui”) 2016, c. 23, s. 1 (1). Application (2) This section applies only if the following conditions are met: 1.  The surrogate and one or more persons enter into a surrogacy agreement before the child to be carried by the surrogate is conceived. 2.  The surrogate and the intended parent or parents each received independent legal advice before entering into the agreement. 3.  Of the parties to the agreement, there are no more than four intended parents. 4.  The child is conceived through assisted reproduction. 2016, c. 23, s. 1 (1). Recognition of parentage (3) Subject to subsection (4), on the surrogate providing to the intended parent or parents consent in writing relinquishing the surrogate’s entitlement to parentage of the child, (a)  the child becomes the child of each intended parent and each intended parent becomes, and shall be recognized in law to be, a parent of the child; and (b)  the child ceases to be the child of the surrogate and the surrogate ceases to be a parent of the child. 2016, c. 23, s. 1 (1). Limitation (4) The consent referred to in subsection (3) must not be provided before the child is seven days old. 2016, c. 23, s. 1 (1). Parental rights and responsibilities (5) Unless the surrogacy agreement provides otherwise, the surrogate and the intended parent or parents share the rights and responsibilities of a parent in respect of the child from the time of the child’s birth until the child is seven days old, but any provision of the surrogacy agreement respecting parental rights and responsibilities after that period is of no effect. 2016, c. 23, s. 1 (1). Failure to give consent (6) Any party to a surrogacy agreement may apply to the court for a declaration of parentage with respect to the child if the consent referred to in subsection (3) is not provided by the surrogate because, (a)  the surrogate is deceased or otherwise incapable of providing the consent; (b)  the surrogate cannot be located after reasonable efforts have been made to do so; or (c)  the surrogate refuses to provide the consent. 2016, c. 23, s. 1 (1). Declaration (7) If an application is made under subsection (6), the court may, (a)  grant the declaration that is sought; or (b)  make any other declaration respecting the parentage of a child born to the surrogate as the court sees fit. 2016, c. 23, s. 1 (1). Child’s best interests (8) The paramount consideration by the court in making a declaration under subsection (7) shall be the best interests of the child. 2016, c. 23, s. 1 (1). Effect of surrogacy agreement (9) A surrogacy agreement is unenforceable in law, but may be used as evidence of, (a)  an intended parent’s intention to be a parent of a child contemplated by the agreement; and (b)  a surrogate’s intention to not be a parent of a child contemplated by the agreement. 2016, c. 23, s. 1 (1). Section Amendments with date in force (d/m/y) 2016, c. 23, s. 1 (1)
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