Report on Parentage:
A Review of Parentage under Part 3 of the Family Law Act
Modernizing Family Law: Recommended Changes for Parentage
Conclusively determining who a child’s parents are is an important part of family law. It is the foundation of many aspects of a child’s identity, such as family name and relationships, nationality, and cultural heritage. Parentage can also determine important legal rights and responsibilities, such as a child’s inheritance rights.
When the Family Law Act came into force in March 2013 it gave British Columbia its first comprehensive legislative framework for the law of parentage. The goals of this legislative framework were to provide a complete scheme that addresses children equally, no matter whether the child was born through natural or assisted reproduction, to protect children’s best interests, and to promote family stability. Over the past decade there have been considerable developments in law, society, and reproductive science.
The Parentage Law Reform Project Committee has examined whether part 3 continues to meet these goals.
Read the Report on Parentage
The report contains 34 recommendations for reform. It is organized into 11 chapters. It also provides basic information for readers who are new to the law of parentage. If you have any questions or comments please contact: [email protected]
Summary of Issues Considered
The report contains thirty-four tentative recommendations for reform. These recommendations address some of the following subjects.
Diversity and inclusion
Several of the tentative recommendations focus on respecting gender and family diversity. The committee addresses important questions such as:
- Should terms such as birth mother and biological father that are used in the Family law Act be replaced with gender neutral terms?
- Should terms be descriptive of a person’s role in conception and birth? For example, “the person who gave birth to the child”.
- Should the legislation allow for more than two parents, regardless of the method of conception?
- Should agreements under part three be pre-conception or pre-birth?
Streamlining and clarifying
Over the past decade, lawyers have noticed areas of confusion and gaps in part 3. Several of the committee’s tentative recommendations address these issues. For example:
- Should all parentage agreements require independent legal advice?
- Should part 3 address the BC courts’ territorial jurisdiction to make orders declaring parentage?
- Should part 3 contain a provision acknowledging the court’s parens patriae power in relation to parentage cases?
These questions are timely and important. Several Canadian provinces have undergone legal reform in this area in the past few years with jurisdictions taking diverse approaches in answering the above questions.
Decreasing barriers and costs associated with family building
The law has different rules for children conceived through sexual intercourse versus those conceived through assisted reproduction. This distinction can result in families experiencing extra costs and barriers. Several of the tentative recommendations examine this dichotomy and its continued usefulness in modern society. The committee considers issues including:
- Should sperm donation by sexual intercourse be permitted?
- Should the Family Law Act allow surrogacy to use sexual intercourse as a method of conception?
The committee also considers ways to reduce costs by introducing streamlined options for parentage orders. For example:
- Should the Family Law Act introduce a simplified procedure for parentage orders when everyone has complied with the act and has consented to the order?
Learn more / Get involved
Watch this space for upcoming opportunities to get involved.
Parentage Law Reform Project Committee
The Parentage Law Reform Project Committee includes experts in reproductive health, endocrinology, fertility, obstetrics and gynecology, fertility and family law, trans- and gender-inclusive reproductive justice and psychology. The committee’s primary task is to assist BCLI in developing recommendations.
Funders
The Report on Parentage: Review of Part 3 of the Family Law Act was made possible by funding from the Justice Service Branch, Ministry of Attorney General for British Columbia.
Related Files
Backgrounders:
Here are links to additional materials, backgrounders, research, resources, media releases and summaries that have been, or was incorporated into our final publications.
If you have questions about these or other specific documents, please reach out to BCLI using our contact page or at the bottom of each page of our website.
Report on Parentage Summary
Quick Facts
Members of the Project Committee
One-Page Overview
Legislative Fact Sheet
Related Blog Posts
October 5, 2021
Reflecting All Families – discussing the gaps and needs to transform and review legal parentage on CBA BC’s Bartalk
September 29, 2021
Orders declaring parentage and role of best interests of the child taken up at September parentage committee meetings.
September 21, 2021
BCLI launches project to review the law of parentage under part 3 of the Family Law Act
August 31, 2021