Nova Scotia consulting on reforms to parentage laws
November 4, 2022
BY Kevin Zakreski
The Access to Justice and Law Reform Institute of Nova Scotia has just published a discussion paper seeking the public’s views on its proposals to reform the law of parentage in that province.
In its Parentage Act Discussion Paper (PDF), the institute notes that “Nova Scotia is the only jurisdiction in Canada that lacks parentage legislation.” The discussion paper sets out a plan to address this situation by “discuss[ing] how Nova Scotia can and should respond to modern realities of parentage by re-evaluating the foundational assumptions of the common law.”
After a set of opening chapters that “situate this project in a historical, social and legal context,” the discussion paper makes a comprehensive series of proposals and questions for discussion, which address the following subjects:
- principles of reform;
- sperm, egg, and embryo donation;
- parentage via sexual relations;
- multiple-parent families;
- posthumous conception;
- general court declaratory powers;
- interjurisdictional matters;
- other issues—including language and statutory interpretation.
The institute is seeking public comment on its proposals and questions for discussion. The consultation period is open until 30 January 2023. Information on how to make a submission is set out in the discussion paper (PDF).