Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Wednesday, April 28, 2021

Parentage in Throuple

From CBC:

A British Columbia Supreme Court judge has ordered that all three members of a polyamorous "triad" should be registered as parents of the two-and-a-half-year-old boy they are raising together as a family.

In a decision released Monday, Justice Sandra Wilkinson said a "gap" in the provincial law dealing with parentage of children prevented a woman known as Olivia from being legally recognized as the mother of the child she considers her son.

Olivia has been in a romantic relationship with Bill and Eliza since 2016, two years before Eliza gave birth to Clarke, the baby fathered by Bill. The parties have been anonymized by an order of the court.

But because Clarke was conceived through sexual intercourse, B.C.'s Family Law Act left no room on his birth certificate for anyone but a birth mother and a "presumed" biological father.

Read more here.

https://lawprofessors.typepad.com/family_law/2021/04/parentage-in-throuple.html

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