Recommendations include legislation for surrogacy and assisted reproduction
A new report has emphasized that Nova Scotia is facing a critical gap in its legal framework concerning parentage, particularly to protect families conceiving through surrogacy and assisted reproduction methods, such as egg, sperm, and embryo donation. The Access to Justice & Law Reform Institute, formerly known as the Law Reform Commission of Nova Scotia, has released its findings in the “Final Report on Extending Legal Parentage.”
The report highlighted Nova Scotia as the sole Canadian jurisdiction lacking parentage legislation, relying instead on outdated common law presumptions. It further noted that the lack of legislation poses significant challenges for families in the 2SLGBTQIA+ community and others using modern reproductive technologies.
The Institute’s recommendations aim to modernize parentage laws to ensure inclusivity, clarity, and protection for all families. Key recommendations include treating birth parents and their partners as legal parents when donation methods are used, preventing donors from claiming parentage based solely on genetics and simplifying procedures for recognizing intended parents in surrogacy agreements.
Legislation to cater to complex family structures
The report, available on their website, advocated for establishing pathways to parentage for posthumously conceived children and removing gendered language from existing laws. The report said the proposals aim to align Nova Scotia’s legal framework with the evolving landscape of family creation, emphasizing accessibility, understanding, and non-discrimination.
The report noted the significance of legal parentage, as it forms the foundation of a child’s social identity and rights. Yet, Nova Scotia’s current approach has been described as lacking the capacity to accommodate diverse family structures, risking discrimination and inequality under constitutional and human rights legislation.
The Access to Justice & Law Reform Institute highlighted that although recent amendments to birth registration regulations provide limited administrative measures for certain families, they do not confer legal parentage or address disputes over parentage. The report outlined that this underscores the urgency for comprehensive legislative reform to safeguard family autonomy and ensure equal recognition and protection under the law.
The institute said its recommendations are informed by extensive consultation with various stakeholders, including the public, surrogates, legal professionals, and medical personnel. However, the report acknowledged the need for ongoing engagement to address broader issues of parentage outside the realm of assisted reproduction, particularly concerning historically marginalized communities.
The report underscored the need for Nova Scotia to modernize its parentage laws to accommodate contemporary family structures. The proposed reforms, if implemented, would mark a significant step towards justice and equality in family law, the authors conclude.
