More and more people are using assisted reproduction to conceive a child, either through sperm or egg donation, or with the help of a surrogate. For parents, this happy process can bring important questions about a child’s origins and how to talk to them about it.
The law sets rules for this process. It gives children the “right to know their origins”, which comes with some responsibilities for parents. Understanding the rules helps you navigate the process confidently.
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Important! This article explains Quebec rules. Different rules may apply if the assisted reproduction process took place outside of Quebec, or if the donor or surrogate didn’t live in Quebec during this process. In several countries, the donor or surrogate’s identity is confidential, and the children don’t have the right to know their origins. |
The parents’ responsibilities
Parents of a child born through assisted reproduction have several responsibilities. Among them, they must:
- inform the child that they were conceived through assisted reproduction,
- tell the child that they have the right to know certain information about their donor or surrogate,
- tell the child that they may have the right to contact their donor or surrogate, in some cases,
- explain how the child can get the donor or surrogate’s information or try to contact them.
Parents of a child conceived through a surrogate have an additional responsibility. They must inform their child that they have the right to obtain a copy of two documents:
- the contract the parents signed with the surrogate prior to the pregnancy (the “surrogacy agreement”),
- the judgement declaring the parents as the official parents (the “filiation judgment”).
For more information on these documents, see our article on having a child with the help of a surrogate.
The child can obtain information about their donor or surrogate
The kind of information they’re entitled to depends on the date of the contribution — whether a sperm or egg donation, or the start of a surrogate’s pregnancy. This is because the law changed on June 6, 2025.
Since June 6, 2025, the Ministère de l’Emploi et de la Solidarité sociale (department of employment and social solidarity) keeps a register with donors and surrogates’ personal information. Assisted reproduction centers collect the information and send it to the Ministère.
The table below summarizes the type of information a child is entitled to, depending on the date of the contribution.
Before June 6, 2025
After June 6, 2025
Donors and surrogates have the right to keep their identity and any information that could personally identify them confidential.
However, donors and surrogates can choose to follow the new rules. They can agree to share their personal information by submitting it to the register.
Otherwise, only non-identifying information collected at the time of their contribution can be added to the register and shared with the child.
The child has the right to know certain information about their donor or surrogate. This information will be available in the Ministère’s register.
The child is entitled to know their:
- age,
- ethnic origin,
- civil status (i.e. their family situation, like being single, having children, etc.),
- level of education as well as qualifications and field of study, if applicable,
- occupation, if applicable,
- height,
- skin colour,
- eye colour,
- hair colour and texture,
- personality traits, special skills, preferences and hobbies, if any.In some cases, the child may also have access to the donor or surrogate’s name.
To obtain this information, the child must contact the Ministère de l’Emploi et de la Solidarité sociale. They must be at least 14 years old to make this request on their own. If the child is under 14, they can still make the request with their parents’ permission.
In the event of the child’s death, their descendants have the right to access the donor or surrogate’s information.
The child can contact the donor or surrogate in some cases
The child could want to contact the donor or surrogate. However, the donor or surrogate has the right to refuse. If this happens, the child must respect this refusal.
The rules surrounding contact depend on the date of the contribution – specifically, the date of the sperm or egg donation, or the date at which the surrogate’s pregnancy began.
Before June 6, 2025
After June 6, 2025
Donors and surrogates have the right to keep their identity and contact information confidential. By default, this information will not be shared with the child.
However, donors and surrogates can choose to contact the Ministère de l’Emploi et de la Solidarité sociale, allow the child to reach out, and provide their contact details.
Donors and surrogates can decide whether or not they want the child to contact them. Their decision will be recorded in the register.
If the child wants to make contact, they must submit a request to the Ministère de l’Emploi et de la Solidarité sociale.
The Ministère will then ask the donor or surrogate whether their original decision still stands.
If the donor or surrogate refuses contact, the child must respect their decision. If they commit not to contact them, the child may get the donor or surrogate’s name.
The donor or surrogate could also consent to contact, but impose their own conditions.
If the donor or surrogate has passed away, only their name and the information in their profile will be shared with the child. The Ministère will not provide their relatives’ contact details.
If the donor or surrogate cannot be found or is incapacitated, contact will automatically be refused.
Having access to medical information in some cases
If the child’s doctor believes it necessary for their health, the child has the right to access some of their donor or surrogate’s medical information.
Unlike the other types of personal information related to origins, donors and surrogates also have the right to know specific medical information about the child. People who are genetically related to the child, donor or surrogate also have the right to access some of the child’s medical information. This is true no matter how closely related they are and if the information is necessary for their health.
Privacy must be protected throughout this process. Thus, only medical information that is necessary for the health of the individual may be shared.
To get this medical information, the doctor must make a request to the Ministère de l’Emploi et de la Solidarité sociale. The Ministère will then ask the donor or surrogate whether they consent to sharing their medical information.
If they consent, the doctor will receive the necessary medical information. The donor or surrogate’s identity will remain confidential.
If they do not consent, a court order is required to share the medical information. Court approval is also needed if the donor or surrogate is deceased or incapacitated.
Support is available
This process can be emotionally taxing for everyone involved, whether it’s the child, parent, donor or surrogate. Psychosocial services are available. You can get help at a CLSC or by calling Info-Social 811.