Law requires non-biological co-parent to be male to have parental rights

LGBTQ families are anxiously awaiting for changes to be made to a law that “currently discriminates against lesbian couples who use a sperm donor they know, families with more than two parents raising their children and trans men who give birth.”

The law, called the Children’s Law Reform Act of 1990 stipulates that couples who use reproductive technologies such as artificial insemination should be given the same parenting rights as couples who conceive naturally.

However, under this law, the non biological parent could only be presumed a parent if they, both cohabited with the birth mother and is male.

Chaninat & Leeds lawyers in Thailand specialize in family law including Thailand paternity rights and child custody cases in Thailand

According to The Globe and Mail, 21 parents sued the government of Ontario in April this year for the discriminatory law demanding that it be amended. The government ruled in their favor and found that the law violates the Charter of Rights because it “… does not provide equal recognition and the equal benefit and protection of the law to all children, without regard to their parents’ sexual orientation, gender identity, use of assisted reproduction or family composition.”

The government is said to have until the end of this month to introduce the proposed changes. Under the proposed law, children can have up to four legal parents per family. Parents can also choose to write the role they wish to play in the family whether as a mother, father or simply parent, regardless of sex.

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