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New parentage laws in Ontario for LGBTQ

declaration of parentage ontario

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#1 dads2be

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Posted 01 October 2016 - 11:30 AM

My surrogate who is in Ontario will be due next month. We are a gay couple from Vancouver and from what we understood that after the birth, we have to do the declaration of parentage. On Thursday, there was an announcement that the All Families Are Equal Act will be updated (hasn't since 1978). So my question is how soon will this take effect? If we're due in November, would we still have to do the declaration of parentage?

Thanks!

 

 

 

http://www.cbc.ca/ne...dated-1.3784331



#2 blue paper

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Posted 01 October 2016 - 09:42 PM

As far as I know the law has just been introduced and has passed first reading. All proposed legislation has to go through 1st and 2nd reading (votes at both these stages) then it goes to committee (which may include public hearings) then the committee submits a report to the House with any amendments then it is at third reading where the final vote is taken. It then has to receive Royal Assent and proclaimed into law to take effect on a specified date. The Liberals have a majority so it will likely pass intact but it is a lengthy process and it is unlikely that this process will be completed by November:(


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#3 SecondAct

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Posted 11 October 2016 - 11:33 AM

Blue Paper - you should be happy it won't be done by November.  Lots of the changes are bad for intended families.  Here's a good blog that explains some of them: http://www.fertility...tario-heres-why

 

We are considering gestational surrogacy and this may end our dream :(  I don't want to be hostage if I can't rely on the surrogacy agreement. 



#4 SherryLevitan

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Posted 21 October 2016 - 08:55 AM

Hi dads2be. You have a year to register the births, so you have a bit of time. The downside to waiting is that you will have no birth certificate for the child, and you won't be able to leave the country with the child. The other risk is that you need your surrogate to be on board with waiting. In other words, if you have a great relationship, and no plans to travel, you can wait for a few months and watch the Bill's progress.



#5 SherryLevitan

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Posted 21 October 2016 - 08:59 AM

Hi Second Act. There are certainly a few parts of the Bill that need some tweaking and many of the lawyers working in the area are working on making our voices heard.  I am yelling quite loudly about the enforceability provision, and I think it just needs a few more words to work but do you know that in my thousands of files  I have never had a surrogate sue IPs or IPs sue a surrogate? I don't expect the Bill to change that.  Have you written to the Committee or to your MPP?



#6 SecondAct

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Posted 21 October 2016 - 06:39 PM

Sherry - I did contact my MPP who was entirely dismissive and the office of the AG. I am working on a letter to the Committee.  I know it rarely happens but I would hate to be in that 0.001% or have someone else be in that situation.  We should be able to rely on the laws to protect us IMHO! Similarly a gestational surrogate should not have parental rights foisted on them if IPs decide they no longer want a child.
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#7 dads2be

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Posted 24 October 2016 - 01:30 PM

Thank you SeconAct and Sherry for the info.

 

I also wrote to an MPP and this is the response from her office: "The bill will become law as soon as it receives royal assent. Although we can't say for sure when this will happen, it will likely be before (the end of November). The bill is currently before committee and amendments are being made around surrogacy, so keep an eye on that."



#8 dads2be

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Posted 16 December 2016 - 03:39 PM

Great news! The Royal Accent was received on December 5th! So no need to do declaration of parentage in Ontario.







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