Cy and Ruby's Act (Parental Recognition), 2015 DiNovo, Cheri — Bill 137 (41st Parliament, 1st Session)

Bill 137, 41-1

Ontario — Bills

role="main" class="main-container container js-quickedit-main-content" id="main-content">

Bill 137, Cy and Ruby's Act (Parental Recognition), 2015

DiNovo, Cheri

Please select

View bill

Status

Debates

Acts affected

Original

[41] Bill 137 Original (PDF)

Bill 137 2015

Act to amend the Children's Law Reform Act, the Vital Statistics Act and other

Acts with respect to parental recognition

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Children's

Law Reform Act

Section

1 of the Children's Law Reform Act is repealed and

the following substituted:

Parentage

1. For

all purposes of the law of Ontario,

(

a) a

person is the child of their parents, whether the child is born within or

outside of marriage;

(

b) a

child's parents are the persons determined under

Part II to be the child's

parents; and

(

c) the

relationship of parent and child and kindred relationships flowing from that

relationship must be as determined under

Part II.

2. Subsection

2 (2) of the Act is repealed and the following substituted:

Same

(2) In any instrument, Act or regulation,

(

a) a

reference to a "mother" or "father" is deemed to be a reference to any parent

as determined under

Part II; and

(

b) any reference to a single individual who is a "mother"

or "father" is deemed to be a reference to one or more individuals who are

parents as determined under

Part II.

3. The

Act is amended by adding the following

section after the heading to

Part II:

Interpretation

2.1

(1) In

this Part,

"ancestry

test" means a test used to identify inheritable characteristics, including a

human leukocyte antigen test, a deoxyribonucleic acid (DNA) test and any other

test a court considers appropriate; ("test d'ascendance")

"assisted reproduction" means a method of conceiving a

child other than by sexual intercourse; ("procréation assistée")

"birth parent" means, in relation to a child, the person

who gives birth to, or is delivered of, the child, regardless of whether the

person's human reproductive material was used in the child's conception; ("parent

de naissance")

"donor" means a person who, for the purposes of assisted

reproduction other than for the person's own reproductive use, provides,

(

a) the

person's own human reproductive material, from which a child is conceived, or

(

b) an

embryo created through the use of the person's human reproductive material; ("donneur")

"embryo" means a human organism during the first 56 days

of its development following fertilization or creation, excluding any time

during which its development has been suspended, and includes any cell derived

from such an organism that is used for the purpose of creating a human being;

("embryon")

"human reproductive material" means a sperm, an ovum or

another human cell or human gene, and includes a part of any of them. ("matériel

reproductif humain")

Deemed

conception

(2) A child born as a result of assisted

reproduction is deemed to have been conceived on the day the human reproductive

material or embryo was implanted in the birth parent.

Void

marriages

(3) For the purposes of this Part, two

persons are deemed to have been married during the period they were living

together, and the marriage is deemed to have ended when the persons stopped

living together, if,

(

a) the

two persons go through a form of marriage to each other, with at least one of

them doing so in good faith;

(

b) the

two persons live together during the marriage; and

(

c) the

marriage is void.

Voidable

marriages

(4) For the purposes of this Part, if a

voidable marriage is judged a nullity, the persons who went through the form of

marriage are deemed to be married until the date of the judgment of nullity and

the marriage is deemed to have ended on the date of the judgment.

4. Sections

4 and 5 of the Act are repealed and the following substituted:

Declaration

of parentage

(1) Any

person having an interest may apply to a court for a declaration of parentage.

Registrar

General as party

(2) The Registrar General shall be made a

party to an application under this section.

Who

must be served

(3) If an application is made under

subsection (1), the following persons must be served with notice of the

application:

(

a) the

child, if the child is 16 years of age or older;

(

b) each

guardian of the child;

(

c) each

adult person with whom the child usually resides and who generally has care of

the child;

(

d) each

person, known to the applicant, who claims or is alleged to be a parent of the

child;

(

e) any

other person to whom the court considers it appropriate to provide notice,

including a child under 16 years of age; and

(

f) the

Deputy Registrar General.

Order

(4) The court may, by order, make a

declaration of the child's parentage.

Same

(5) Subject to sections 6 and 7, the order

shall be recognized for all purposes.

Same

(6) To the extent possible, the order must

give effect to the rules respecting the determination of parentage set out

under this Part.

Same

(7) The court may make the order despite

the death of the child or person who is the subject of the application, or

both.

Section

6 of the Act is amended by striking out "section 4 or 5" and substituting "section

4".

(1) Subsection

6.1 (1) of the Act is amended by striking out "under

section 4, 5 or 6, as the

case may be, to be the mother or father" and substituting "under

section 4 or 6

to be a parent".

(2) Subsection 6.1 (2) of the Act is

amended by striking out "section 4, 5 or 6" and substituting "section 4 or 6".

Section

7 of the Act is amended by striking out "section 4, 5 or 6.1" and substituting

"section 4 or 6.1".

Section

8 of the Act is repealed and the following substituted:

Donor

not automatically parent

(1) If

a child is born as a result of assisted reproduction, a donor who provided

human reproductive material or an embryo for the assisted reproduction of the

child,

(

a) is

not, by reason only of the donation, the child's parent;

(

b) may

not be declared by a court, by reason only of the donation, to be the child's

parent; and

(

c) is

the child's parent only if determined under this Part to be the child's parent.

Same

(2) For the purposes of any instrument, Act

or regulation that refers to a person, described in terms of their relationship

to another person by birth, blood or marriage, the reference must not be read

as a reference to, nor read to include, a person who is a donor unless the

person comes within the description because of the relationship of parent and

child as determined under this Part.

Presumption

of parentage, general

8.1

(1) Subject

section 8.3, on the birth of a child, whether as a result of assisted

reproduction or not, the child's parents are the birth parent and any person presumed

to be the child's parent under subsection (2).

Non-birth

parent

(2) For the purposes of this section, a

person is presumed, unless the contrary is proved, to be a child's parent in

any of the following circumstances:

1. The

person was married to the child's birth parent on the day of the child's birth.

2. The

person was married to the child's birth parent and, within 300 days before the

child's birth, the marriage was ended,

i. by

the person's death,

ii. by

a judgment of divorce, or

iii. as

referred to in subsection 2.1 (3) or (4).

3. The

person married the child's birth parent after the child's conception and

acknowledges parentage of the child.

4. The

person was living with the child's birth parent in a marriage-like relationship

within 300 days before, or on the day of, the child's birth.

5. The

person, along with the child's birth parent, has acknowledged parentage of the

child by having certified the birth under the Vital

Statistics Act or a similar Act in another jurisdiction in Canada.

6. The

person has been found or recognized in the person's lifetime by a court of

competent jurisdiction in Canada to be a parent of the child.

Parentage

if adoption

(3) Despite subsection (1), if a child is

adopted, the child's parents are as set out in the Child

and Family Services Act .

Parentage

by agreement

8.2

(1) Subject

section 8.3, this

section applies on the birth of a child, whether as a

result of assisted reproduction or not, if an agreement described in subsection

(2) has been entered into with respect to the parentage of the child.

Agreement

(2) The agreement must,

(

a) have

been entered into before the child was conceived;

(

b) have

been entered into between a potential birth parent and a person or persons who

intend to be a parent or parents to the child, all of whom agree to be parents

of the child together; and

(

c) provide

that on the birth of the child, the parties to the agreement will be the

parents of the child.

Same

(3) On the birth of the child, the child's

parents are the parties to the agreement.

Deemed

revocation of agreement

(4) If, before a child is conceived, a

party to the agreement withdraws from the agreement, the agreement is deemed to

be revoked.

Parentage

if surrogacy arrangement

8.3

(1) This

section applies if,

(

a) before

a child is conceived through assisted reproduction, a written agreement is made

between a potential birth parent and a person or persons who intend to be the

parent or parents to the child; and

(

b) the

agreement provides that the potential birth parent will be the birth parent of

a child conceived through assisted reproduction and that, on the child's birth,

(

i) the

birth parent will not be a parent of the child, and

(ii) the

birth parent will surrender the child to the person or persons mentioned in

clause (a), who will be the child's parent or parents.

Intended

parent

(2) On the birth of a child born in the

circumstances described in subsection (1), the person or persons mentioned in

clause (1) (

a) who intend to be the parent or parents are the child's parent or

parents if all of the following conditions are met:

1. Before

the child is conceived, no party to the agreement withdraws from the agreement.

2. After

the child's birth,

i. the

birth parent gives written consent to surrender the child to the person or

persons,

ii. the

person or persons,

A. take the child into their care, or

B. are primarily responsible for

decision-making for the child if the child is under medical supervision in a

medical facility, and

iii. a

court of competent jurisdiction declares the birth parent not to be the child's

parent and declares the person or persons to be the parent or parents of the

child.

Waiver

of consent

(3) For the purposes of the consent

required under subparagraph 2 i of subsection (2), the court may waive the

consent if the birth parent,

(

a) is

deceased or incapable of giving consent; or

(

b) cannot

be located after reasonable efforts have been made to do so.

Death

of intended parent

(4) If all of the persons mentioned in

clause (1) (

a) who intend to be the parents die after the child is conceived,

the deceased person or persons are the child's parent or parents if all of the

following conditions are met after the child's birth:

1. The

birth parent gives written consent to surrender the child to the personal

representative or other person acting in the place of the deceased person or

persons.

2. The

personal representative or other person mentioned in paragraph 1,

i. takes

the child into their care, or

ii. is

primarily responsible for decision-making for the child if the child is under

medical supervision in a medical facility.

3. A

court of competent jurisdiction declares the birth parent not to be the child's

parent and declares the deceased person or persons to be the child's parent or

parents.

Consent

(5) An agreement mentioned in subsection

(1) is not consent for the purposes of subparagraph 2 i of subse

Document details

Collection	Ontario — Bills
Citation	Bill 137, 41-1
Type	bill
Volume / chapter	p41 s1 bill 137 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	8d3954e8ee30479a56d7958221b2f54afb5548e2

Source file is stored in the law ingest library (html).