Quebec must recognize families with more than 2 parents, Superior Court rules

Children in Quebec are now allowed to have more than two parents, thanks to a recent decision by the Superior Court. This ruling gives the provincial government a year to update the Civil Code to officially recognize this type of family structure.

The court’s decision came after complaints from two separate cases. The plaintiffs included the Coalition des familles LGBT+, a group advocating for the recognition of all types of families, as well as three families who were unable to list all three parents on their children’s birth certificates.

The judge examined the concept of filiation, which establishes the legal relationship between a child and their parents, and questioned whether the current Civil Code in Quebec is equipped to acknowledge multi-parent families. The ruling stated that the Code’s limitation to two parents violates the Canadian Charter right to equality.

While the plaintiffs alleged other charter violations, the judge disagreed with those claims. It remains to be seen if Quebec will appeal the ruling, as the government is currently reviewing the decision.

Marc-André Landry, a lawyer who represented one of the families, expressed relief at the court’s decision. He argued that it is in the best interest of children for the law to recognize family structures that reflect their realities. This ruling will provide legal protections and benefits to children in multi-parent families, including rights related to succession, insurance, and custody.

Sylvie Schirm, another family law lawyer, raised concerns about potential issues that could arise from the ruling, particularly in cases of parental conflict during a breakup. However, Isabel Côté, a professor in social work, emphasized that the child’s best interests are already at the forefront of decisions made in separation cases.

Sarah Woods, a lawyer representing some of the plaintiffs, believes that this ruling will set a precedent and influence other provinces without similar legislation. If the changes are implemented, Quebec would become the fifth province or territory in Canada to legally recognize families with more than two parents.

In British Columbia, up to three parents can be recognized for a child conceived through assisted reproduction. Ontario and Saskatchewan allow for up to four parents to be recognized, regardless of how the child is conceived. In Yukon, birth declarations must include the names of the child, mother, father, and another parent, if applicable.

The Quebec Superior Court ruling does not specify how the Civil Code should be amended, leaving it up to the government to determine the next steps in recognizing multi-parent families.