Conception via assisted reproduction (other than surrogacy)—form What is the current law? • The Family Law Act currently states that the parents of a child who is conceived by assisted reproduction are the birth parent and the birth parent’s spouse. [...] Posthumous conception—genetic connection What is the current law? • When a person who provided human reproductive material for use in assisted human reproduction dies before the conception of the child, then the deceased person may only be a parent under part 3 of the Family Law Act if the deceased person is genet-ically related to the child. [...] What reforms does the report recommend? • The Family Law Act and the Wills, Estates and Succession Act should no longer require a genetic connection for a deceased person to be named a parent—so long as the person consented to be a parent. [...] Posthumous conception—number of parents What is the current law? • For a child who is conceived after death, the Family Law Act states that the parents are the deceased person and their spouse. [...] Parentage declarations by the court—parens patriae (inherent) jurisdiction What is the current law? • The Family Law Act has a general section which states that nothing limits the parens patriae (parent of the nation) capacity of the court.
- Pages
- 12
- Published in
- Canada
Table of Contents
- Report on Parentage Review of Part 3 of the Family Act Legislative Fact Sheet 1
- 1822 East Mall University of British Columbia Vancouver B.C. Canada V6T 1Z1 1
- 604 822-0142 1
- Introduction 2
- Parentage if no assisted reproductionmore than two parents 2
- Family Law Act 2
- Donors and parentagesperm donation by sexual intercourse 3
- Donors and parentagedefi nition for embryos 3
- Conception via assisted reproduction other than surrogacyform 4
- Family Law Act 4
- Donor-conceived childrenaccess to information 5
- Family Law Act 5
- Surrogacydecision making after birth 5
- Family Law Act 5
- Posthumous conceptiongenetic connection 6
- Family Law Act Wills Estates and Succession Act 6
- Family Law Act Wills Estates and Succession Act 6
- Family Law Act Family Law Act Wills Estates and Succession Act 6
- Posthumous conceptionspousal relationship 6
- Family Law Act Wills Estates and Succession Act 6
- Family Law Act Wills Estates and Succession Act 7
- Family Law Act Wills Estates and Succession Act 7
- Posthumous conceptionnumber of parents 7
- Family Law Act 7
- Parentage declarations by the courtsimplifi ed procedure 8
- Parentage declarations by the courtparens patriae inherent jurisdiction 8
- Family Law Act Family Law Act 8
- Parentage declarations by the courtwhen declaration is available 9
- Parentage declarations by the courtvital statistics agency 10
- Family Law Act 10
- Parentage declarations by the courtterritorial jurisdiction 10
- Legal advice and counsellingindependent legal advice 11
- Family Law Act 11
- Language defi nitions and interpretation gender-neutral language 12
- Family Law Act 12
