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Three adults in polyamorous relationship declared legal parents of child

oil&gas

Well-known member
Apr 16, 2002
12,220
1,618
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Ghawar
It is not known which of the child's two dads
is the biological father. I guess that can be easily
figured out just from who the child resembles.

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ST. JOHN'S, N.L. -- In what is believed to be a legal first in Canada, a court in Newfoundland and Labrador has recognized three unmarried adults as the legal parents of a child born within their "polyamorous" family.

Polyamorous relationships are legal in Canada, unlike bigamy and polygamy, which involve people in two or more marriages.

In this case, the St. John's family includes two men in a relationship with the mother of a child born in 2017.

"Society is continuously changing and family structures are changing along with it," says the decision, by Justice Robert Fowler of the Newfoundland and Labrador Supreme Court's family division.

"This must be recognized as a reality and not as a detriment to the best interests of the child."

The April 4 decision says the unconventional family has been together for three years, but the biological father of the child is unknown. The family members are not identified in the decision, which was released Thursday by the court.

It's not the first time a Canadian court has recognized that a family can have three legally recognized parents. In 2007, for example, the Ontario Court of Appeal recognized both women in a lesbian couple as the mothers of a child whose biological father was already deemed a legal parent. But the three adults in that case were not in a relationship.

The three people in the Newfoundland case turned to the courts after the province said only two parents could be listed on the child's birth certificate.

Lawyers for the province's attorney general argued that the provincial Children's Law Act does not allow for more than two people to be named as the legal parents of a child.

In his decision, Fowler acknowledged that was the case, but he stressed that the court's opinion hinged on what was in the best interests of the child.

"It has been well-established that in dealing with the matters of children, the best interests of a child or children shall always be the determining factors for the courts," the decision says.

Fowler said the child was born into a stable, loving family that is providing a safe and nurturing environment.

When the province's Children's Law Act was introduced about 30 years ago, he said, it did not contemplate the "now complex family relationships that are common and accepted in our society."

The judge said it was clear the legislation was aimed at bringing about equal status for all children, but the law included an unintentional gap that acts against the best interests of children born into polyamorous relationships.

"I have no reason to believe that this relationship detracts from the best interests of the child," Fowler's decision says.

"On the contrary, to deny the recognition of fatherhood (parentage) by the applicants would deprive the child of having a legal paternal heritage with all the rights and privileges associated with that designation."

https://www.ctvnews.ca/canada/three...hip-declared-legal-parents-of-child-1.3973546
 

Butler1000

Well-known member
Oct 31, 2011
28,707
3,402
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Good they allowed this.

Now wait for the first dissolution of this type if relationship and what happens with custody and support. That will be interesting to watch.
 

Kirby2006

Active member
Jul 17, 2014
1,881
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biological parents are required for medical histories
You would bar adoptions as well?
Personally I don't lose sleep at night because I don't have a medical history.
In the case in question the biological father is easy to pinpoint if need be.
 

frankcastle

Well-known member
Feb 4, 2003
17,886
236
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I dont see a problem. Unconventional. Yes. But sadly there are kids who would love to just hsve one caring adult in their life. If a kid is lucky enough to have 3 more power to them.
 

onthebottom

Never Been Justly Banned
Jan 10, 2002
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Hooterville
www.scubadiving.com
Adults caring for and loving kids, we need more, not less of this. Good ruling, we need to support all families, traditional and others.
 

Mable

Active member
Sep 20, 2004
1,379
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... and on the point of society continuously changing and family relationships along with it, why not have bigamy and polygamy formally recognized as legal? Given the issues regarding gender, among other things, the concepts surrounding marriage, marital type relationships, spouse(s), need to be revisited. Yea, the lawyers will have a field day with this stuff.
 

oil&gas

Well-known member
Apr 16, 2002
12,220
1,618
113
Ghawar
To legalize polygamy is to condone exploitation of women.
This will likely be the view hold by the politically correct type.
If this is a case of one father in a relationship with two mothers
the ruling might have been different.
 

onthebottom

Never Been Justly Banned
Jan 10, 2002
40,558
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Hooterville
www.scubadiving.com
To legalize polygamy is to condone exploitation of women.
This will likely be the view hold by the politically correct type.
If this is a case of one father in a relationship with two mothers
the ruling might have been different.
I’ve suggested multiple husbands and a single wife, cost sharing....
 
Jun 11, 2007
966
3
18
To legalize polygamy is to condone exploitation of women.
This will likely be the view hold by the politically correct type.
If this is a case of one father in a relationship with two mothers
the ruling might have been different.
This isn't polygamy, it's polyamory. There's a huge difference.
 

Mable

Active member
Sep 20, 2004
1,379
11
38
To legalize polygamy is to condone exploitation of women.
This will likely be the view hold by the politically correct type.
If this is a case of one father in a relationship with two mothers
the ruling might have been different.
Is it possible to be in a common law relationship with more than one person? Other than a few technical issues, what is the difference between marriage and living together (common law)? If three, or more, individuals conduct a long term relationship, what are the ramifications if there is a split, with no children involved? With children involved? Is sexual relations required to form a common law relationship? What kind of relationship is required to establish parental rights?
 
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