Toronto Star

Proposed law change is key for gay parents

Legislatio­n aims to ensure couples will get same rights as heterosexu­al counterpar­ts

- ROB FERGUSON QUEEN’S PARK BUREAU

Five years ago, Raquel Grand had to adopt her wife’s newborn daughter — running up $5,000 in lawyer’s fees — to legally become a parent.

That won’t happen anymore under legislatio­n introduced Thursday to give same-sex parents in Ontario who aren’t biological­ly related to their children the same legal rights as heterosexu­al moms and dads.

Nor will people who are not legally considered parents have to live in fear they cannot make medical and other decisions about their children if a spouse becomes incapacita­ted. That almost happened when Grand’s wife Deanna Djos was hemorrhagi­ng dangerousl­y after giving birth to their girl, Thora.

“At that time, I wasn’t legally the mother of my child. Those were added stresses,” Grand said Thursday after Attorney General Yasir Naqvi tabled the bill in the legislatur­e.

Naqvi acknowledg­ed the legislatio­n — which he hopes will pass by Christmas and take effect in January — is “long overdue.”

It has been 10 years since an Ontario Superior Court ruling that couples who use sperm donors and other reproducti­ve technologi­es should enjoy the same parental rights as people who conceive naturally.

The province’s failure to act sooner prompted a constituti­onal challenge of parentage laws that was settled in June with a promise to bring this bill forward, allowing same-sex parents to register births in the same way as male-female couples.

Naqvi said the money and energy LGBTQ families were expending on paperwork and worrying should be going toward diapers and play time. He credited New Democrat MPP Cheri DiNovo (Parkdale-High Park) for her private members’ bill to grant equal rights to all parents, which inspired the government legislatio­n.

“The government was under the gun to get something done . . . it’s a victory for queer families,” said DiNovo, lamenting the years of delay.

Kathleen Wynne, the province’s first openly gay premier, signalled last May that the government would introduce legislatio­n this fall.

Toronto family lawyer Joanna Radbord, who represente­d nine families in the court challenge, said her prior- ity now is to make sure the definition of “parent” in the 66-page bill is clear enough and broad enough.

“The intention is to eliminate all doubts around parentage. I want to make sure that we know with certainty that the co-parent is the parent and shall be declared the parent . . . in the same way as biological fathers.”

Kirsti Mathers McHenry, a lesbian mother who worked with Naqvi’s ministry over the summer as the legislatio­n was drafted, said, “if we get this bill right, there will be no second-class parents anymore.”

 ?? ANDREW FRANCIS WALLACE/TORONTO STAR FILE PHOTO ?? Raquel Grand, left, and spouse Deanna Djos spent $5,000 in lawyer’s fees for Raquel to legally become a full parent to their daughter Thora, right.
ANDREW FRANCIS WALLACE/TORONTO STAR FILE PHOTO Raquel Grand, left, and spouse Deanna Djos spent $5,000 in lawyer’s fees for Raquel to legally become a full parent to their daughter Thora, right.

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