October 26, 2022

Parentage Committee Completes Its Review Of Surrogacy Arrangements

At its latest committee meeting—held earlier this month—BCLI’s Parentage Law Reform Project Committee tackled a pair of emerging issues concerning the law of parentage and surrogacy arrangements. These issues may point to some gaps in part 3 of the Family Law Act that may need to be filled with new Read more…

September 1, 2022

In “a case about everything the parties did wrong to achieve a particular goal,” Ontario court illustrates the differences between guardianship and parentage

Jacobs v Blair, 2022 ONSC 3159, was a case involving a dispute between two couples over the parentage and guardianship (which consists of, in the words of Ontario’s legislation, “decision-making responsibility, parenting time, contact and guardianship with respect to children”) of a young child. The case illustrates some fundamental differences Read more…

August 18, 2022

Parentage committee starts discussion on surrogacy and independent legal advice

This month, the Parentage Law Reform Project Committee focused on two issues: surrogacy and independent legal advice. Should conception by sexual intercourse be permitted for traditional surrogacy? Section 29 of the Family Law Act governs surrogacy. Surrogacy is when a person carries a child for someone else. There are two Read more…

June 30, 2022

UK court allows posthumous use of embryo despite lack of written consent

In a recent decision, the family division of the High Court of England and Wales allowed a husband to use an embryo created by in vitro fertilization with his wife for birth by surrogacy, even though the wife (who died after creation of the embryo by IVF) didn’t provide written Read more…

November 26, 2021

Manitoba introduces new parentage legislation

A bill has just been introduced in the Legislative Assembly of Manitoba which will “replace” the province’s current parentage legislation and “establish new rules respecting the parentage of children conceived through assisted reproduction, including where a surrogate is used.” The provisions of the Manitoba bill most closely resemble those found in Saskatchewan’s parentage legislation, Read more…