I am homosexual and I wish to have a child with my life partner, what can I do?

Did you know that since 2002 in Quebec, the adoption is open to homosexual couples?

In fact, depending on whether you are a male or a female couple yours ways of becoming a parent may differ.

Female couples may have children through adoption but also through a parental project. For example, if one of them is artificially inseminated or has a sexual relationship with a friend, this constitutes a parental project. Obviously, besides the case of artificial insemination, it is important that the third person involved in the parental project understands the content before consenting to avoid problems with filiation afterwards. In addition, in order for the parentage to be established by a parental project, the project must exist before the conception of the child. Otherwise, the mother whom does not carry the child will be in the obligation to adopt it.

As for men, there are currently only two ways to be recognized as a father: either by adopting the spouse’s child or by adoption of a child by both spouses. In Quebec, surrogacy contracts are prohibited. To that end, this method contains risks. For example, keeping in mind that the contract is legally worthless, the risks may be if the surrogate mother changes her mind along the way and consequently establishing the parentage of the child between the surrogate and the biological father.

Having children is often a project of a lifetime, hence it is important to understand the legal aspects surrounding the descent to avoid unpleasant surprises later. Do not hesitate to contact your legal advisor for any questions or guidance,

Text written by Me Roxane Trudel-Pigeon

Traduction by Andrey Leshyner