Latest news with #Marc-AndréLandry
Cision Canada
20-05-2025
- Politics
- Cision Canada
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.
Daily Mail
01-05-2025
- Politics
- Daily Mail
Court grants THROUPLES the same legal rights as two-parent families
Canadian 'throuples' are to be granted the same parental rights as traditional families thanks to a bombshell new ruling. A Quebec Superior Court determined that denying legal rights to multi-parent households would be 'unconstitutional'. The decision came after a judge ruled that three polyamorous families were being discriminated against under the status quo. The law only applies to parental units established before the conception of a child, not to households involving step-parents or families established after birth. It is a marked difference from the US, where most states only recognize one or two parents. 'In these times when the right to equality is savagely attacked, it feels good,' lawyer Marc-André Landry, who represented the plaintiffs, wrote after the ruling. Landry, of the Lavery law firm, represented three multi-parent families. The first is a man and two women who share four children. The others were a lesbian couple and a male sperm donor and a couple where the husband had a baby with his wife's friend due to her infertility struggles. 'Those families do exist, no matter what people may think,' Landry told CTV News. 'You have kids whose affiliation, from a legal standpoint, does not match their reality.' He added that the case has a personal resonance for him as he has long considered that he has three parents. Landry explained that similar provisions already exist for multi-parent families in Ontario and British Columbia. The Quebec government will have a year to amend its Civil Code to reflect the ruling, although Landry said he expects the government to appeal. 'This decision aligns Quebec law with the practices of other international and Canadian jurisdictions, enhancing the legal equality of children, regardless of their family structure,' Lavery wrote in a statement. 'Lavery is pleased to contribute to the advancement of the law in Quebec by participating in this decision.' Polyamory and bigamy is technically still outlawed in Canada. In 2011, the British Columbia Supreme Court upheld the country's polygamy laws and ruled that the potential harm to women and children outweighs concerns over protecting religious and personal freedom. But around one in five Canadians and Americans reported that they have engaged in consensual non-monogamy, according to the Vanier Institute of the Family. In the US, only a handful of states are moving towards legislation which would extending parental rights to throuples and other unconventional families. Earlier this month, Oakland, California became the first city on the West Coast to pass new protections extending nondiscrimination laws to cover family and relationship structure. It followed similar laws in Somerville and Cambridge, Massachusetts in 2023.
Time of India
01-05-2025
- Politics
- Time of India
Lesbians, throuple and more: Canada's Quebec now recognises multi-parent families
In a landmark ruling with national implications, Quebec's Superior Court has declared that children born into multi-parent families—such as 'throuples' or other pre-conception arrangements involving three adults—must be granted the same legal recognition as children from two-parent households. The court found it unconstitutional to restrict legal parenthood to only one or two people, signalling a major shift in Canadian family law. The Quebec government now has 12 months to revise the province's Civil Code to comply with the decision. What the Ruling Says The case was brought forward by three multi-parent families, each with a distinct dynamic: Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 2025 Top Trending local enterprise accounting software [Click Here] Esseps Learn More Undo A throuple—a romantic relationship involving three adults (a man and two women)—raising four children together. A lesbian couple and a male friend who agreed before conception to co-parent. A woman with infertility who agreed that her husband would have a child with a close friend, who in turn wanted to retain maternal rights. In all three cases, the adults involved planned the child's conception together—a key point that the court underscored. This ruling does not extend to step-parents or guardians who enter a child's life after birth. 'This is about intentional parenting ,' said Marc-André Landry, the lawyer representing the families. 'Three people sitting down and saying, 'Let's raise a child together.' That should be legally recognised.' Why This Matters Until now, Quebec was one of the few provinces that did not legally recognise more than two parents per child. Ontario and British Columbia already allow for multi-parent families under certain conditions. The judgment reflects how legal systems are slowly catching up with evolving social realities. As family structures become more diverse—whether through same-sex couples, polyamorous relationships, or fertility arrangements—the law is being pushed to adapt. 'This is comparable to the acceptance of same-sex families in the '80s and '90s,' Landry said. 'Those families are now normalised in Canada. The same evolution must occur with multi-parent families.' What Happens Next? The Quebec government has a year to make the necessary changes to the Civil Code, aligning it with the new ruling. That includes revising the language around legal parenthood, inheritance, custody, and other child welfare considerations. For existing multi-parent families in Quebec, this ruling is a watershed moment. It means they can now seek formal legal status that matches their actual parental roles—ensuring access to medical decisions, inheritance rights, and custody protections. The decision is also likely to trigger debates across other provinces where such legal recognition remains murky or undefined. In Canada, this ruling marks yet another step in the country's ongoing effort to align the law with lived realities—no matter how unconventional they may seem.
CTV News
30-04-2025
- Politics
- CTV News
‘Multiparent' families, like throuples, to be granted legal rights in Quebec
A recent court ruling in Quebec has granted multi-parental families in the province the same legal rights as any other unit. A Quebec Superior Court judge ruled on Friday that limiting the legal affiliation of children to one or two parents is unconstitutional. Lawyer Marc-André Landry, who represented one of the families involved in the case, explains the ruling does not apply to step-parents or other 'modern' families that are formed after a child is born. Rather, it applies to a situation where a family has multiple adults involved in a relationship before the child's conception. In other words, Landry notes, the 'parental project' needs to be in place prior to the child's creation. 'It's not about step-parents or other potential realities, it's really about three people sitting together and saying, 'We should have a child together,'' he explains. 'No one should be treated differently because of their family status.' There were three families who were part of the case, according to Landry. The first constitutes a 'throuple,' three adults – a man and two women – in a relationship, with four children among them. The second involves a lesbian couple and a male donor who wished to be part of the child's life as a father figure. The third includes a woman living with infertility who allowed her husband to have a child with a friend, who asked to remain on as a mother. 'Those families do exist, no matter what people may think,' said Landry, calling the move a 'major' change in our collective legal comprehension. 'You have kids whose affiliation, from a legal standpoint, does not match their reality.' Hands A group of people puts their hands together. (Diva Plavalaguna/ Landry equates Friday's ruling to the changing views of same-sex families during the 1980s and 1990s. 'The law has evolved, and homosexual families do exist, are accepted, and it's not actually an issue anymore in Canada,' he said. 'It's the same thing here. The law needs to evolve to match the reality of all Canadian citizens, and those babies who have not chosen to be born in multi-parental families. They must have the same protection, same rights as any other babies under the law.' Landry points out that multi-parent families already have legal standing in several other Canadian provinces, including Ontario and British Columbia. The Quebec government now has 12 months to amend the Civil Code to match the ruling.
