Parentage committee continues discussion of multiparent provisions for children conceived by sexual intercourse
June 1, 2022
BY Alison Wilkinson
BCLI’s Parentage Law Reform Project Committee held two meetings in May, focusing on continued discussion of whether multiparent configurations should be extended to conception by sexual intercourse. Discussion of this broad issue began in March 2022, and continued at the April 2022 meeting.
Setting a number of permissible parents
The focus of discussion at the first meeting in May was around whether a cap should be placed on the number of possible parents for such a provision.
Ontario and Saskatchewan have set a limit of 4 parties to a multiparent agreement. This naturally limits the number of potential parents to 4 or less. At present, section 30 of the Family Law Act, which allows for multiparent configurations for children conceived through assisted reproduction, does not have a clearly set restriction on the number of parents. This has led to differing opinions in the profession as to how many parties may become parents under the BC legislation.
In considering whether a set number should be outlined in the legislation, the Committee discussed the challenges of setting a number. What is the value of setting a restriction on how many parents a child conceived of sexual intercourse should have? How is such a number determined? What harm is being overcome by setting a particular number? The Committee discussed the ‘flood-gates’ concern, which often arises with discussions regarding caps. If a number of parents is not set out in legislation, is there likely to be a dramatic increase in families with more than 4 parents? The Committee also discussed the harm caps can place on non-traditional family models, and the risk of unintentionally excluding intended parents.
Required parties to a multiparent agreement
During the second meeting in May, the Committee turned its focus to requirements of multiparent agreements. Who, if anyone, should have to be part of such an agreement? Ontario and Saskatchewan both have multiparent provisions which require certain people to be included. These ‘key players’ tend to show up in much of the parentage legislation (e.g., birth parent, birth parent’s spouse, sperm provider). Should these key players be required parties to a multiparent agreement in BC?
The Committee discussed different family models and configurations. Who would want to use a multiparent agreement to build their family? Who should be considered in making such agreements? If someone must be part of the agreement, does this give them an unfair advantage or disadvantage? Who may be overlooked by such a provision? As the Committee was considering conception by sexual intercourse, it also considered situations where conception may be unintentional. What options do parties have in such situations? What parties are impacted by other sections of the Family Law Act?
The goal of these discussions is to develop tentative recommendations to reform part 3 for a public consultation to be held later in the life of the project.
