MPP aims to modernize same-sex parent rights

Birth registration services discriminate against LGBTQ families, NDP’s DiNovo says

Modern families need modern family laws. That’s why NDP MPP Cheri DiNovo will be tabling private member’s legislation next week that would end discrimination against same-sex parents in Ontario’s birth registration services.

“LGBTQ parents deserve the same parental rights offered to straight parents,” DiNovo said Thursday at Queen’s Park.

While same-sex marriage has been the law of the land for more than 12 years, the children’s law reform act in Ontario has lagged behind the times.

That has led to the bizarre situation of mothers or fathers having to adopt their own children because the existing birth-certificate registration legislation presumes that only one man and one woman can be parents.

“Let’s get rid of the red tape and give queer and trans parents the recognition they need to care for their children,” the Parkdale-High Park MPP said.

Modelled on British Columbia’s landmark Family Law Act, which took effect in 2013, DiNovo’s bill would make all references to “parents” gender-neutral and allow for more than two parents listed on a birth certificate.

With more families turning to sperm donors or surrogates, it would also clarify legally who is and is not a parent.

Lawyer Joanna Radbord, who is preparing a constitutional challenge against Ontario’s antiquated birth law, said the law now “is failing children.”

“The Ontario government has done nothing to fix its discriminatory statutes,” said Radbord, a lawyer on the case that legalized same-sex marriage in the province in 2003.

“I heard the news early. I told my spouse. She rushed down and we got married that very day. I was seven months pregnant and we were thrilled we were being legally recognized as a family,” she said.

“But it wasn’t so easy because even though I birthed our child, we had to adopt our own child. We went to court after that so that lesbian comothers could have immediate recognition on their child’s birth registration.”

Radbord said they “ostensibly won that case (but) . . . the government has done nothing.” Premier Kathleen Wynne welcomed DiNovo’s initiative.

“This is a matter of the bureaucratic process catching up with attitudes,” said Wynne, who made history in 2013 as Canada’s first openly gay premier. “It’s an interesting bill and certainly we’d be willing to consider it,” she said.