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Recognition of Multiple-Parent Families in Quebec by Court of Law

Provincial government granted a year to revise Civil Code in line with increase in non-conventional family arrangements.

Recognition of Multiple-Parent Families in Quebec by Court of Law

In a groundbreaking decision, the Quebec Superior Court ruled on May 1, 2025, that children in the province can legally have more than two parents. The ruling compels the provincial government to amend the Civil Code within a year to accommodate this recognition of diverse family structures.

Justice Andres Garin delivered his decision in two separate cases brought by La Coalition des familles LGBT+, along with three families unable to list more than two parents on their children's birth certificates. The families argued that the limitation infringed upon their rights to equality under the Canadian Charter of Rights and Freedoms.

The court agreed, stating that limiting families to a maximum of two parents sends a negative message to multi-parent families and society at large. This restriction, they argued, perpetuates disadvantages for non-traditional families. Unfortunately, the court did not uphold the families' claims that their rights to life, liberty, and security of the person, as well as Quebec Charter rights to personal security and respect for private life, were violated.

A spokesperson for Quebec Justice Minister Simon Jolin-Barrette confirmed that the government is reviewing the judge's decision, without indicating whether an appeal is being considered.

Implications for Families

Lawyer Marc-André Landry, representing one of the families, expressed relief and optimism following the decision. He noted that the ruling ensures children in multi-parent families receive full legal protections and benefits, including succession rights, insurance, and custody considerations. Landry further pointed out that the ruling has broader societal implications, mirroring the increased acceptance of gay and lesbian parents following legal recognition.

Sarah Woods, another lawyer involved in the case, believes the ruling sets a significant precedent, potentially influencing other provinces yet to recognize multi-parent families.

Other Jurisdictions

With this decision, Quebec joins several Canadian provinces and territories that acknowledge multi-parent families. British Columbia allows up to three parents if there's a written agreement prior to conception, while Ontario and Saskatchewan permit up to four parents, regardless of conception methods. In Yukon, birth declarations can include "another parent" beyond the mother and father. On the other hand, most jurisdictions have yet to adopt this practice, with California and Maine being the only US states to allow three-parent birth certificates in select cases. Other countries, such as South Africa, Washington, D.C., and New Zealand, permit three parents for certain surrogacy arrangements, but only two parents can be listed on birth certificates. European countries currently do not allow for more than two legal parents.

The Future

The ruling builds on provisions of Quebec's Bill 2, which introduced comprehensive family law reforms concerning filiation and civil status in 2021. Key changes include the legal recognition and regulation of surrogacy agreements, the expansion of paternity presumption to de facto spouses, and the option for individuals to have their gender identity reflected on official documents. Future amendments to the Civil Code may reflect the diversity of modern families, prioritizing the best interests of the child.

While biology may limit a child to two parents, parenting encompasses much more than shared DNA. Many non-traditional family structures provide loving and stable homes, and it's time for governments to ensure that official documentation, such as birth certificates, reflect this diversity. Denying legal recognition to all parental figures not only creates uncertainty, especially in areas such as inheritance, medical consent, and custody, but it is also unnecessary and cruel.

Enrichment Data:

Canada:

  • Quebec: Allows pre-conception multi-parent arrangements, granting children equal succession, custody, and medical rights, with a 12-month deadline for Civil Code amendments.[1][3]
  • Ontario & Saskatchewan: Permit up to four legal parents regardless of conception method.[4]
  • British Columbia: Allows three parents if a written agreement exists before conception.[4]
  • Yukon: Birth certificates include an "another parent" category beyond mother/father.[4]

United States:

  • California & Maine: Allow three-parent birth certificates in specific cases.[4]
  • Washington, D.C.: Permits three parents for children born via surrogacy.[4]

Other Jurisdictions:

  • South Africa: Three parents recognized in surrogacy cases.[4]
  • New Zealand: Multiple individuals can hold parental status under surrogacy arrangements, but only two parents appear on birth certificates.[4]
  • Europe: No country currently permits more than two legal parents.[4]

Sources:1. La Presse2. CTV News3. The Globe and Mail4. Family Law Prof Blog

  1. In this shifting landscape of family dynamics, Quebec's ruling on multi-parent families could be a catalyst for updating the Civil Code, potentially inspiring other provinces within Canada and overseas jurisdictions to address diverse family structures and their legal status.
  2. The approved documentation for children in Quebec will be revised to reflect the intended parenting roles of multiple individuals within a family, thus ensuring their full rights to health-and-wellness benefits, inheritance privileges, and custodial arrangements.
  3. With efforts to prioritize the best interests of children, modern family structures including multi-parent families may see an increase in expanded parental notions, encompassing love, care, and commitment, beyond traditional DNA definitions.
  4. As Canada continues to progress in recognizing the nuances of family composition, encouraging the evolution of the Civil Code to support healthier family-health and parenting, discriminatory barriers will gradually diminish, promoting equality, inclusion, and the overall wellbeing of diverse family units.
Provincial authority ordered to revise Civil Code within a year, acknowledging the increase in diverse family dynamics beyond conventional norms.

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