Progress for Polyamory in Canada

Laurie H. Pawlitza wrote at financialpost.com about a polyamorous triad involving one woman and two men who all wanted to be recognized as the parents to a child.

In the first decision of its kind in Canada, all three adult members of a polyamorous family have been recognized as parents of a child.

Two months ago, Justice Robert Fowler of the Newfoundland and Labrador Supreme Court (Family Division) in the case of Re C.C., decided the adults would be named as parents of the child born within their three-way relationship.

This is great news.

In the introduction to his decision, Justice Fowler described the unconventional St. John’s household:

“J.M. And J.E. are the two male partners in a polyamorous relationship with C.C., the mother of A., a child born of the three-way relationship in 2017. The relationship has been a stable one and has been ongoing since June 2015. None of the partners in this relationship is married and, while the identity of the mother is clear, the biological father of the child is unknown.”

The three adults brought a court proceeding asking to be recognized as the parents of A. after the Newfoundland Ministry of Service refused to designate them as parents, saying that the Vital Statistics Act allowed only two parents on the child’s birth certificate.

How about changing the paperwork?

Justice Fowler relied heavily on the 2007 decision of the Ontario Court of Appeal, A.(A.) v B.(B)., in which a lesbian couple sought to have both women legally recognized as the mothers of a child.

Once again, gays and lesbians have provided a way to others. Thank you!

Family law legislation across Canada now recognizes only one spouse’s obligation to the other. Current legislation will be difficult to apply in polyamorous relationships, especially if new partners become involved in the relationship and the relationship later breaks down.

How about adopting full marriage equality??? If three people can be legal parents to a child, why can't they be legal spouses to each other? This decision is good for the child. It would be even better if the child's parents could all be married if they want, instead of discriminated against.