Through the Children’s Law Reform Act, Ontario law recognizes the birth parent of a child as a legal parent of that child.
“The person whose sperm resulted in the conception of a child conceived through sexual intercourse” is recognized as a parent under the Parentage laws.
A surrogate parent can relinquish their entitlement to parentage. Such a declaration can also be made by the court. Upon such relinquishment, the surrogate parent is not recognized as a legal parent of the child.
Unless proven otherwise on a balance of probabilities, there is a presumption of parentage in respect of a child conceived through sexual intercourse if any of the following circumstances apply:
- The person was the birth parent’s spouse at the time of the child’s birth.
- The person was married to the child’s birth parent. This marriage was terminated by death or judgment of nullity within 300 days before the child’s birth. Or by divorce where the judgment of divorce was granted within 300 days before the child’s birth.
- The person was living in a conjugal relationship with the child’s birth parent before the child’s birth. The child is born within 300 days after they cease to live in a conjugal relationship.
- The person has certified the child’s birth, as a parent of the child, under the Vital Statistics Act or a similar Act in another jurisdiction in Canada.
- The person has been found or recognized by a court of competent jurisdiction outside Ontario to be a legal parent of the child.
If, after considering the above circumstances, there is more than one potential parent, no presumption of parentage shall be made.
If a person whose sperm is used to conceive a child through sexual intercourse and the intended birth parent agree in writing that the person does not intend to be a legal parent, they will not be recognized as such.
Assisted Reproduction
As per the Children’s Law Reform Act, the spouse of a parent who conceives through assisted reproduction is recognized as a legal parent of the child.
Insemination by a Sperm Donor
In accordance with the Children’s Law Reform Act, the spouse of a parent who conceives by a sperm donor is recognized as a legal parent of the child.
However, if, before the child’s conception:
a) the spouse of a parent who conceived through assisted reproduction, or
b) by a sperm donor,
does not consent to being recognized as a parent of the child or withdraws their consent after having originally provided it, the spouse will not be recognized as a legal parent of the child.
The parentage of a child is an extremely important part of a family law case. It determines the persons who can seek orders. It also determines against whom orders can be made regarding parenting time, decision-making responsibility, and child support.
As such, it is important to retain the services of an experienced family lawyer when the parentage of a child has not been determined.
Need Legal Help? Contact an Experienced Family Lawyer Today!
If you are facing legal questions regarding parentage, child support, or parenting time, it is crucial to get the right legal guidance. At Progressive Legal Solutions, our team of experienced family law lawyers is ready to help you. We will help you navigate complex family law matters with clarity and confidence.
Don’t wait—protect your parental rights today! Contact Progressive Legal Solutions for a confidential consultation and let us help you find the best legal path forward.
Written By Erick McKinlay