I’m honored to be quoted in a recent Canadian Affairs article titled “Three-Parent Families Treated Like Any Other in Parenting Disputes.” In it, I share my thoughts on the growing recognition of three-parent families within the legal system and what this means for parenting disputes, along with my fertility law colleague Catherine Wong.
BC Court does the right thing: parenting arrangements in a three-parent families
A recent B.C. ruling is the first to consider how pre-conception agreements will be used to resolve disputes in three-parent families.
Three-parent families are getting more legal recognition, family lawyers say after a recent B.C. court decision about parenting time.
In the case, a married female couple and a friend made a pre-conception agreement saying the three of them would have equal time with any children conceived through the man’s sperm. But then their relationship dissolved.
In its decision, the court said the father should have increased time with his child.
“The courts treated this exactly the same as they would any other family, and that was the right thing to do,” said Michelle Kinney, a family and fertility lawyer in Victoria, B.C.The BC Family Law Act
B.C.’s Family Law Act Part 3 allows people who donate sperm or eggs to be the legal parents of children conceived through assisted reproduction. However, this is not automatic. For a donor to become a parent, there must be an agreement made under section 31 of the Family Law Act before a child is conceived that says who the child’s parents are, and there must be a link. A child conceived through assisted reproduction can have three legal parents in the following circumstances:
- a person who gives birth to the child, their partner and a sperm donor (or egg/ embryo donor)– which is the situation here;
- two Intended Parents (a couple) and the woman who gives birth to the child (who woudl otherwise be a surrogate, who is not a parent automatically.
Most parents who conceive using a sperm or egg donor do not make the donor a legal parent of the child, Kinney says. Being a donor and a parent are legally two different things, she says.
Being a parent means someone has legal obligations to their child, like child support, she says. “Once you’re a parent, you’re a parent. It’s immutable. Parent is a legal status, and it cannot be changed except by adoption or court order. Once you’re not a parent, you’re not a parent except by adoption or court order.”
“A donor is someone that gives genetic material,” said Wong. “It has no other relationship, generally speaking.”When making parenting decisions, the Court must look at ONLY what is in the child’s best interests, including about how much time children will spend with each parent.
But, since multi-parenting agreements are new, there is no case law to govern how this will work when the relationship between the parents ends.
Family Law, Assisted Reproducation, and Three Parent Families
The article discusses a recent BC court decision respecting three-parent families. This case is interesting because, for the first time in BC, it deals with questions about the intersection of family law and fertility law and how the family law is evolving to accomodate the changing definition of family.
As families continue to evolve, with more diverse structures emerging—from blended families to surrogacy arrangements—the law is gradually adapting to reflect these changes. In the article, I discuss how recent legal rulings are treating three-parent families in much the same way as traditional families when it comes to parenting disputes. This shift is incredibly important because it shows that the legal system is prioritizing the best interests of the child, no matter how many parents are involved.
One of the points I make is that this evolving approach is a crucial step toward acknowledging the complexities of modern family dynamics. For many families, the number of parents involved doesn’t change the fundamental goal: ensuring that children are raised in loving, stable environments. It’s reassuring to see that the law is beginning to reflect that reality.
I truly believe that as family structures continue to diversify, we will see even more shifts in how the legal system handles parenting disputes to protect and support intentional families with fairness, respect, diversity.
It’s always a pleasure to contribute to conversations around family-building through assisted reproduction. Thanks to Meagan Gillmore for the discussion and for including my insights! 🙏
To read more about this conversation and my perspective on the topic, check out the full article here:
Michelle Kinney and Catherine Wong of Fertility Law BC discuss the legal recognition of three-parent families
Michelle Kinney and Catherine Wong discuss the legal recognition of three-parent families and how BC courts are handling parenting disputes in a diverse family landscape where family law, fertility law and assisted reproduction intersect.
Fertility Law BC is a working group of independent BC lawyers who work together to develop best practices in the field of fertility law. We are each experienced in family law and the complexities of the law around the parentage of all the many children conceived and born through assisted reproduction.For more information on Fertility Law in BC https://www.fertilitylawbc.com/
Michelle Kinney focusses her law practice, Michelle Kinney Law @ https://michellekinneylaw.com/, on fertility law and family building. As one of the architects of the BC Family Law Act, Michelle has in-depth knowledge of BC’s family and parentage laws. Michelle is passionate about and delighted to assist clients with their legal needs to building intentional families and relationships. Michelle has over 15 years’ experience and is licenced to practice law in British Columbia and Nunavut, Canada. Michelle is also certified as a family law mediator and arbitrator and can act as neutral mediator/ arbitrator in disputes arising from fertility law agreements. Michelle also contracts with public or private bodies to carry out law and policy reform initiatives respecting family law, family violence and fertility law.
LinkedIn: https://www.linkedin.com/in/michellekinneylawyer
Catherine J. Wong is a family law lawyer and a certified family law mediator based in downtown Vancouver, B.C. Catherine has a particular interest and focus on fertility law and on working with multi-parent families. Catherine approaches her work with compassion and resourcefulness and enjoys engaging with the diversity of families and folks that her practice allows her to collaborate with and to assist. In addition to presenting on fertility matters, Catherine is asked from time to time to consult on fertility law matters by family law lawyers in the context of cohabitation or separation agreements.
LinkedIn: https://www.linkedin.com/in/catherine-wong-43b371/
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