'A very important step forward': Manitoba proposes new legislation to update legal definition of a parent
Proposed changes in Manitoba to update the legal definition of a parent are being praised as a long-needed modernization, but one lawyer says there is a glaring exception.
The proposed amendments to Manitoba's Family Maintenance Act, which were introduced on Thursday, will clarify the legal definition of parentage for a child who was conceived through assisted reproduction with or without surrogacy.
"This is a very important step forward for a lot of Manitoba families," Allison Fenske, a staff attorney for the Public Interest Law Centre of Legal Aid Manitoba.
"Folks who use assisted reproduction will now be able to be recognized as the legal parents of their children automatically on the birth of their child without having to go to court."
She said this certainty of being a child's legal parent is necessary both for the child and parents to have a legal relationship.
Fenske said this is a long-needed modernization of the Family Maintenance Act, which was last amended in 1987. The current act has affected members of the LGBTQ2S+ community who rely on reproductive technologies to start a family.
"This was an act that absolutely had not kept pace with evolving use of technology and also evolving acceptance of different ways of creating families and social norms around who makes a family," she said.
Fenske is among the lawyers who represented seven different families in Manitoba who launched a legal challenge of the act.
As a result of this challenge, the court declared in 2020 that certain sections of the Family Maintenance Act are unconstitutional and found the legislation infringed on certain sections of the charter.
Justice Minister Cameron Friesen said the court ruled that Manitoba must clarify its legislation and make changes to the act to properly recognize the rightful parents of a child.
"Legal parentage is an important concept in law as it determines a child's identity, citizenship, inheritance rights and entitlement to benefits under federal and provincial law, and we are bringing in these changes in order to comply with the deadline placed by the courts on the province to address the definitions," Friesen said in a news release.
Fenske said these changes would not have come had it not been for these families.
'ONE GLARING EXCEPTION'
"In many ways, this is something worth celebrating with one glaring exception," Fenske said, pointing to how the province addresses parents who use a surrogate.
The province said the amendments include a requirement for surrogacy agreements before a child is conceived, a process for surrendering the child to the intended parents, and exceptions for when a surrogate does not consent to surrendering the child.
Fenske said the province will continue to rely on a court order—called a declaration of parentage—to recognize that the intended parents, not the surrogate, are the parents of the child.
"There are other Canadian provinces that use administrative models, or just automatically recognize parents when certain criteria are satisfied, and don't force parents to go to court to be recognized," she said.
Fenske said her clients hope if the changes do go through that the court process for parents who use surrogates will be expedited.
Friesen said provinces including Ontario, Saskatchewan, Alberta, British Columbia, Nova Scotia and Prince Edward Island have already updated their parentage laws.
-With files from CTV's Kayla Rosen and Charles Lefebvre
CTVNews.ca Top Stories
India's foreign minister reacts to murder charges, claims Canada welcomes criminals
India's Foreign Affairs Minister accused Canada of welcoming criminals from his country in response to the RCMP's recent arrests in a homicide that has roiled tensions between the two countries.
15-year-old boy stabbed in Ottawa on Thursday dies
A 15-year old boy who was critically injured after a stabbing in Nepean on Thursday has died of his injuries, Ottawa's English public school board said Sunday.
Dash cam catches moment suspected drunk driver hits parked car, sends it careening into North Shore flower shop
Police say it’s fortunate no one was injured or killed in a collision at North Vancouver’s Park and Tilford shopping centre Saturday evening that sent one vehicle careening into a flower shop and another into a set of concrete barriers outside a Winners store.
'A tiny city:' Pro-Palestinian campus protesters organize for another week
Pro-Palestinian activists have set up tents at universities in Toronto, Ottawa, Vancouver and Montreal, following a wave of similar protests at campuses in the United States linked to the Israel-Hamas war.
Lawsuit against Meta asks if Facebook users have right to control their feeds using external tools
Do social media users have the right to control what they see — or don't see — on their feeds?
Princess Anne lays wreath at Battle of Atlantic ceremony; honours late Queen
Princess Anne saluted Canadian veterans and current forces members and honoured her late mother during separate ceremonies Sunday in Victoria as she wrapped up a three-day British Columbia West Coast royal visit.
El Nino weakening doesn't mean cooler temperatures this summer, forecasters say
As Canadians brace themselves for summer temperatures, forecasters say a weakening El Nino cycle doesn’t mean relief from the heat.
As storms moves across Texas, 1 child dies after being swept away in floodwaters
A child in Texas died Sunday after being swept away in floodwaters as storms swept across the state.
Nylander defends Leafs' core after playoff exit, Toronto again picks up the pieces
The Maple Leafs battled back from a 3-1 series deficit against the Boston Bruins with consecutive 2-1 victories - including one that required extra time - in their first-round playoff series to push the club's Original Six rival to the limit before suffering a devastating Game 7 overtime loss.