Québec’s (Out)law Concerning Medically Assisted Procreation: A Plea for Access to Origins

Québec’s (Out)law Concerning Medically Assisted Procreation: A Plea for Access to Origins

Québec’s (Out)law Concerning Medically Assisted Procreation: A Plea for Access to Origins

Québec’s (Out)law Concerning Medically Assisted Procreation: A Plea for Access to Originss

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Référence bibliographique [22525]

Clouet, Johanne et Costanzo, Valérie P. 2022. «Québec’s (Out)law Concerning Medically Assisted Procreation: A Plea for Access to Origins». Dans Global Reflections on Children’s Rights and the Law: 30 Years After the Convention on the Rights of the Child , sous la dir. de Ellen Marrus et Laufer-Ukeles, Pamela, p. 211-222. New York (États-Unis): Routledge.

Fiche synthèse

1. Objectifs


Intentions :
«This chapter explores the absence of the right of the child to know his or her origins in the Province of Québec. The first part of the chapter presents the current state of Québec’s laws on assisted procreation, emphasizing the legal definition of assisted procreation and the filiation of children born by this method of reproduction. […] Next, the chapter provides an overview of the legal factors that have been used as arguments in favor of lifting the confidentiality of personal information of gamete donors in the context of medically assisted procreation, which are echoed in the Convention on the Rights of the Child (CRC): the right of the child to know his or her parent, the best interests of the child, and the right to equality. The chapter concludes with a discussion on the conflicting rights of the child and of the parents – legal and biological – to privacy.» (p. 211)

2. Méthode


Échantillon/Matériau :
Données documentaires diverses

Type de traitement des données :
Réflexion critique

3. Résumé


Analysis reveals that «[i]n recent years, many Western states have modified their laws to recognize the right to origins of children born from a gamete donation, but some resistance to this right exists. Such is the case in the Province of Québec, which, to this day, maintains the anonymity of the donor in terms of medically assisted procreation. In its report to the minister of Justice in 2015, the Québec Advisory Committee recommends to “[…] formally recognize the right to know one’s origins in the Charter of Human Rights and Freedoms.” In the eventuality that this recommendation is followed by the government, a child born of medically assisted procreation who wishes to know their origins could obtain any information allowing them to identify the person(s) who is (are) at the origin of their existence. [Authors] are perfectly aware that the recognition of children’s right to their origins can be in contradiction with the right of the parents and of the donors to their privacy. However, considering the major importance in the development of children to have access to information allowing them to build their identity and given their best interests, which, according to Article 3 of the CRC, shall be a primary consideration in all laws concerning children, [they] believe the rules need to be reviewed.» (p. 219)