On September 29th, the All Families Are Equal Act was introduced into Ontario legislation. This act, if passed, is a huge step in fostering acceptance and equality for Queer families in Ontario.
The All Families Are Equal Act is a piece of legislation that ensures both members of a couple who use alternative means of conception, such as a sperm donor or surrogate, are legally recognized as parents regardless of biological connection. In this bill, there is equal recognition for all parents and children under law. Another notable inclusion is the ability to specify more than two parents on a birth certificate.
The development of this bill came primarily from LGBTQ families, who fought against the need to adopt their own children, and in many cases spend time and money on legal bills in the wake of a new baby. Ontario’s old marriage legislation act had been present since 1978, and it’s dated policies clearly disadvantaged LGBTQ families.
Though same sex marriage was legalized 11 years ago, the status of parenthood was only granted automatically to those biologically related to the child under current Ontario law until the implementation of the All Families Are Equal act. Under the old legislation non biological parents in same-sex partnerships lacked the ability to obtain medical treatment and travel accessibility for their children.
In May of this year, Premier Kathleen Wynne pledged to implement legislation to end discrimination against same-sex parents. NDP MPP Cheri DiNovo’s private member’s bill to change existing policy influenced the final All Families Are Equal act, in addition to influence from similar bills already passed in British Colombia, Alberta, Manitoba, and Quebec.
DiNovo’s bill came out of her work with multiple LGBTQ families in Ontario, but especially Kirsti and Jennifer Mathers McHenry: her bill was named after their children Cy and Ruby. To be recognized as a parent, Kirsti (the non-biological mother) had to spend months and around $10,000 applying in court for recognition as the legal parent of her children. Additionally, complications during her wife’s labour with their daughter made Kirsti fearful that, should something serious happen to her wife, she “was a legal stranger to (their) daughter.” This situation is upsetting and common in the LGBTQ community.
The liberal government developed their own update to the old Ontario parental act, and hopes to have it passed by the end of the year. In the mean time, some LGBTQ families have been able to have both parents legally recognized on their children’s birth certificates, which is in itself a big step.
The creation of this bill comes during a movement of Canadian infrastructural change to protect LGBTQ people, which also includes Trudeau’s plans to create a gender neutral option on drivers licenses and health cards, federal legislation to protect human rights of trans people, and gender neutrality in our national anthems. It also reflects the long way we have to go to create equitable legislation for all Canadians.
