The New All Families Are Equal Act

Author:Ms Pamela Liang
Profession:Gardiner Roberts LLP
 
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BACKGROUND

Focus on succession rights of posthumously conceived children

Assisted Human Reproduction Act ("AHRA") enacted by the federal government in 2004 Legal parentage and succession are governed by provincial law Provincial legislation needed to address the succession rights of children conceived posthumously and the legal parentage of children born through assisted reproduction technologies that accords with the requirements of AHRA Bill 137, Cy and Ruby's Act (Parental Recognition), 2015

Private member's bill introduced in an effort to recognize same sex couples and the increasing use of assisted reproduction Change to the definition of "Issue" proposed for: Children's Law Reform Act ("CLRA") Vital Statistics Act Change of Name Act Parallel amendments not proposed for the Succession Law Reform Act ("SLRA") Bill 28, All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016

September 29, 2016 - Ontario introduced Bill 28 included proposed amendments to the SLRA and other various statutes to reflect the new rules of parentage November 29, 2016 - Passed third reading in the Legislature December 5, 2016 - received Royal Assent January 1, 2017 - in force CHANGES

Amendments to CLRA and other Acts

The term "parent" replaces the terms "mother" and "father" Eliminates the assumption that a child has no more than two parents Removes all references to persons being "natural parents" of a child and to persons being related "by blood" Allows up to four people to enter a "pre‐conception parentage agreement" (PCPA) to be recognized as a child's parents Allows up to four "intended parents" to enter a "surrogacy agreement" with a surrogate, who agrees to relinquish entitlement to parentage after the child is seven days old DEFINITION OF "CHILD" AND "ISSUE"

Amendments to the Succession Law Reform Act ("SLRA")

Now includes a child conceived and born alive after the parent's death, upon meeting certain conditions set out in section 1.1(1) of the SLRA SLRA s. 1.1(1) Posthumous conception conditions

The following conditions respecting a child conceived and born alive after a person's death apply for the purposes of this Act:

The person who, at the time of the death of the deceased person, was his or her spouse, must give written notice to the Estate Registrar for Ontario that the person may use reproductive material or an embryo to attempt to conceive, through assisted reproduction and with or without a surrogate, a child in relation...

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