Landmark Decision from Quebec Superior Court Recognizes Multi-Parent Families
MONTREAL, May 20, 2025 /CNW/ - Lavery is pleased to acknowledge the landmark decision rendered on April 25 by the Quebec Superior Court, which, for the first time, legally recognizes that a child may have more than two parents. This ruling represents a significant development in Quebec law, introducing a new legal reality in matters of filiation.
"This decision shakes the very foundations of filiation law as we know it in Quebec. Not only does it acknowledge the lived reality of many families, it also opens the door to a more inclusive understanding of parenthood," stated Marc-André Landry, partner at Lavery, who represented one of the families on a pro bono basis. "It's a crucial step toward greater equality for all children, regardless of the family model they are part of."
The judgment follows a constitutional challenge brought forward by three multi-parent families, represented by several law firms, including Lavery. Justice Andres Garin struck down 44 provisions of the Civil Code of Québec, finding them discriminatory toward families made up of more than two parents. He granted the provincial legislature a 12-month period to amend the Code accordingly.
Invoking the Canadian Charter of Rights and Freedoms, the Court found that the two-parent limit on filiation infringes on the right to equality for children and parents in non-traditional family structures. The judge also ordered that the name of the third parent be added to the birth certificate of the child in question, recognizing the legal, social, and psychological impacts of denying such recognition.
Beyond the symbolic inclusion on a birth certificate, filiation establishes access to essential responsibilities and protections: custody, financial support, inheritance, insurance, medical decisions, and more.
While Ontario, British Columbia, Saskatchewan, and Newfoundland and Labrador already recognize multi-parent families, Quebec is now joining their ranks. Justice Garin emphasized that although the Civil Code does not explicitly prohibit more than two parental links, its structure has effectively blocked recognition of multi-parent filiation.
Lavery is proud to have contributed to this groundbreaking legal advancement, which could set a precedent in Canada. This decision — already being compared to the one that opened the door to marriage equality in the early 2000s — highlights the importance of a law that evolves with today's social realities.
About Lavery
Lavery is the leading independent law firm in Quebec. Its more than 200 professionals, based in Montréal, Québec City, Sherbrooke and Trois-Rivières, work every day to offer a full range of legal services to organizations doing business in Quebec. Recognized by the most prestigious legal directories, Lavery professionals are at the heart of what is happening in the business world and are actively involved in their communities. The firm's expertise is frequently sought after by numerous national and international partners to provide support in cases under Quebec jurisdiction.
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