Recognition of Multi-Parent Families Legally Established in Quebec Court
Published at 01 May 2025
Quebec court orders government to recognize more than two parent families within a year
To the delight of many, the Quebec Superior Court has ruled that children in the province can have more than two legal parents. The decision, delivered on April 24, calls on the provincial government to amend the Civil Code within 12 months to reflect the growing diversity of family structures. This ruling was based on two separate cases brought by La Coalition des familles LGBT+, alongside three families unable to list more than two parents on their children's birth certificates.
Justice Andres Garin argued that limiting familial relationships to a maximum of two parents sends a harmful message to multi-parent families and society, perpetuating disadvantages for non-traditional family structures. Although the claimants also argued violations of various rights, including the Canadian Charter right to life, liberty and security of the person, Quebec Charter rights to personal security and respect for private life, these claims were not upheld. The Quebec government is currently reviewing the court's decision, with no indications of an immediate appeal.
A new chapter for families
Marc-André Landry, a lawyer representing one of the families, expressed his relief and excitement. With this ruling, children in multi-parent families will receive full legal protections and benefits, including succession rights, insurance, and custody considerations. Landry also highlighted the broader societal impact, stating that it would accelerate the acceptance of diverse family structures, much like 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. It may potentially influence other provinces yet to recognize multi-parent families.
Canada's evolving perspective on families
Quebec is now among several Canadian provinces and territories to acknowledge multi-parent families. British Columbia allows up to three parents if there is a written agreement prior to conception. Ontario, Saskatchewan, and Yukon permit up to four parents regardless of conception methods. However, these practices are not standard in most other jurisdictions. The US states of California and Maine allow three-parent birth certificates in some cases, while South Africa and Washington, D.C., permit three parents to be named where the child has been born via surrogacy. New Zealand allows multiple individuals to have parental status, but only two can be listed on the birth certificate. No European country allows for more than two parents to be registered on a child's birth records, although discussions are ongoing.
A step towards modern family recognition
The ruling builds upon Quebec's Bill 2, introduced in 2021 and enacted in June 2022, which aimed to comprehensively reform the province's family law. Key provisions include surrogacy agreement recognition, requiring pre-conception contracts and post-birth consent from the surrogate to establish intended parentage. Additionally, the bill expanded the presumption of paternity to de facto spouses and allowed for the designation of a foster family member as a tutor. Civil status may now reflect people's desired gender identities, and non-binary designations are available.
While it is true that a child can have only two biological parents, good parenting involves more than sharing DNA. The recent ruling recognizes that many non-traditional family structures provide happy and stable homes. Official documentation, such as birth certificates, should reflect the diversity of modern families and prioritize the best interests of the child. Traditional legal frameworks have long been centered around a two-parent model. However, this no longer accurately represents many contemporary family structures, including those formed through surrogacy, same-sex parenting, step-parenting, and polyamorous relationships. Denying legal recognition to all parental figures unnecessarily causes legal ambiguity and is cruel.
- Given the recent Quebec court ruling, families with more than two legal parents may soon benefit from increased protection under the law, obtaining full legal protections, benefits, and rights such as succession rights, insurance, and custody considerations.
- The documentation of families will now be more accurate in representing the diversity of modern structures, including multi-parent families, as the ruling may potentially influence other provinces yet to recognize such families.
- In the process of fostering personal growth and education-and-self-development, the Quebec ruling will contribute to social change by promoting the acceptance of diverse family structures and supporting non-traditional families, expanding the government's perspective on families and family values.
