Canadian Court Rules
Lesbian Partner
Is a Parent
By IAN AUSTEN,
NYTimes on the Web, January 12, 2007
OTTAWA, Jan. 11 — Last week, a
5-year-old Ontario boy became a member of a larger family. An appeals
court ruled that he has three parents: a father and two mothers.
The boy, who like other members of the family cannot be identified under a court
order, has been raised by his biological mother and her partner; the partner was
given parental status by the Ontario Court of Appeal last week. The boy’s
father has also been involved in his upbringing since birth.
The court decision affirming the partner’s parental rights, which overturned a
2003 trial court ruling, is the latest of a series of legal actions expanding
the rights of same-sex couples in Canada. Like those earlier rulings, this
one was swiftly criticized by some religious and family groups for undermining
traditional definitions of marriage.
But the biological mother’s partner said the ruling eliminated the possibility
that she could lose any legal relationship to the boy if her partner died
suddenly.
“There’s no fragility in my status with him now,” said the second mother, who is
a lawyer. “Legal status will make it easier for him to walk with dignity.”
The women in this case have been together since 1990. After they decided
to become parents, they approached a friend, a recently separated father of two,
to see if he would agree to both father a child and play a role in the
upbringing. Since the boy’s birth, the man has entered a relationship with
another woman and had a child with her. The two families have a dinner at
least once a week, the second mother said.
She said the father’s role could not have been filled by herself or her partner.
“I’m going to sound really, really sexist,” she said. “But some things are
daddy stuff. There’s no way we can keep up when they get into wrestling
and hanging little boys upside down.”
A trial court in 2003 was sympathetic to the women’s situation and found that
the boy was “obviously thriving in a loving family that meets his every need.”
But it also concluded the partner’s application for parental rights went beyond
current laws.
The three court of appeal judges, however, found that Ontario’s family
legislation, which dates to 1990, does not reflect current social or
reproductive realities, and they used the court’s general power to act as a
guardian for minors to grant her request. It did, however, set aside
constitutional arguments made by her lawyer, Peter R. Jervis, so the 1990 law
remains in effect.
David Quist, the executive director of the Institute of Marriage and Family in
Canada, which was part of a group that opposed the women’s bid in court, said
that the judges should have left the issue to politicians.
“Social policy should be debated in a public forum,” he said, adding that the
opposition coalition may appeal to the Supreme Court of Canada.
Mr. Jervis, who has represented groups opposed to same-sex rights in other
cases, rejected the idea that the decision undermined the definition of a
family.
“This is really intended to support families,” he said. “It provides equal
status for a child regardless of their parenting.”
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