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Full-Text Articles in Law

Surrogates In Quebec: The Good, The Bad And The Foreigner, Régine Tremblay Jan 2015

Surrogates In Quebec: The Good, The Bad And The Foreigner, Régine Tremblay

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The regime for the formal establishment of parent-child relationships in the province of Quebec was substantially modified in 2002 in order to achieve equality. Reforms to filiation – the legal bond connecting child and mother or child and father – in Quebec provided means for same-sex couples to adopt, for lesbian couples to conceive using donated sperm and clarified the filiation of children born of assisted procreation. This ‘successful’ reform in terms of equality left untouched an existing rule justified by women’s equality, namely, what the civil law calls the absolute nullity of surrogacy agreements. Surrogacy raises questions about what …


Sans Foi, Ni Loi. Appearances Of Conjugality And Lawless Love, Régine Tremblay Jan 2015

Sans Foi, Ni Loi. Appearances Of Conjugality And Lawless Love, Régine Tremblay

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This chapter deals with paradigm shifts in the legal regulation of adult intimate relationships. It includes the shifts from a unique conjugality to the multiplication of conjugalities, from marriage until death do us part to multiple subsequent unions, and from mimicking marriage by necessity to mimicking marriage by choice. Such changes open the floor for questions about the relevance of regulating adult intimate relationships today, or at the very least, about the compulsion to conceive of this kind of relationship as the cornerstone of Canadian family law. As such, it questions shifts in latent elements of the regulation of conjugality …