Description of
the right

If your newborn baby is hospitalized, you have the right to stay by their side. In addition to providing a reassuring presence to your child, the parents are the one who can authorize or refuse care and must be kept informed by the medical staff.

The health establishment is not required by law to provide you with a space to rest but it will often do so to facilitate your presence.

Health professionals can intervene without your consent only if your child’s life is in danger and you are unable to give consent.

In the event of an emergency, your right to be with the baby at all times may be limited (in the operating room, for example). However, your consent remains obligatory before your child can be taken and treated.

Several examples of situations

  • You have the right to stay with your baby if they are hospitalized.
  • You can breastfeed your baby throughout their hospitalization unless there is a life-threatening medical risk.
  • You have the right to be present while care is given to your baby.
  • You can stay with your baby regardless of their medical condition and state of health.

References

Canadian Charter of Rights and Freedoms: section 7

Quebec Charter of Human Rights and Freedoms: sections 1 and 39

Act respecting the governance of the health and social services system: sections 8, 12, 14 and 15

Act respecting health and social services for Cree Native persons: sections 4 and 5

Loi sur les services de santé et les services sociaux pour les Inuit et les Naskapis: sections 5, 9, 11  and 12

Civil Code of Quebec: sections 10,11, 13 and 14