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  > Legal Framework

Legal Framework
Articles taken from the Act instituting civil unions and establishing new rules of filiation as of June 2002.

Filiation of Children Born of Assisted Procreation
Article 538 - A parental project involving assisted procreation exists from the moment a person alone decides or spouses by mutual consent decide, in order to have a child, to resort to the genetic material of a person who is not party to the parental project.

Article 539 - No person may contest the filiation of a child solely on the grounds of the child being born of a parental project involving assisted procreation. However, the married or civil union spouse of the woman who gave birth to the child may contest the filiation and disavow the child if there was no mutual parental project or if it is established that the child was not born of the assisted procreation.

Article 539.1 - If both parents are women, the rights and obligations assigned by law to the father, insofar as they differ from the mother's, are assigned to the mother who did not give birth to the child.

Absence of a Bond of Filiation between the Anonymous Donor and the Child
Article 538.2 - The contribution of genetic material for the purposes of a third-party parental project does not create any bond of filiation between the contributor and the child born of the parental project.

Article 542 - Nominative information relating to medically assisted procreation is confidential.

For additional information about this Act, please visit the following Website: http://www.justice.gouv.qc.ca/english/publications/generale/union-civ-a.htm, or call the Communications Department of the Quebec Ministry of Justice at 1-866-536-5140.
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