April 12, 2023 | Domestic violence

Bill 2 and 12

Quebec’s family law reform continues to be increasingly progressive and addresses important issues with respect to gender identity and sexual misconduct. This reform has garnered a significant amount of attention because of its major changes and its focus on advocacy. It is aimed at making family law more inclusive and equitable.

Bill 2 allows Quebecers who identify as non-binary to choose ‘X’ as their sex designation on birth certificates and identification documents. Further, they will be permitted to be referred to as ‘parent’ on their child’s birth certificate instead of ‘mother’ or ‘father’. If a person chooses to be identified as male, female, or non-binary, it will be recognized by the government.

This is a significant step forward for human rights for the LGBTQ+ community and their advocacy groups. This bill achieves the goal of everyone’s respective fundamental right to choose their own gender. The current system is prejudicial towards people who do not conform to male or female.

The bill was adopted at the National Assembly in June 2022 and is a major step in the ongoing reform of the family law system. The bill amends the Civil Code’s existing articles on the subject.

On the other hand, Bill 12, which was recently introduced, focuses on the complex issue of rape and paternity. Currently, if a child is born as a result of rape, the biological father will be recognized as the father of the child. The rapist will therefore be allowed legal rights over the child. This is preposterous and traumatic situation for the mother. If the child gets adopted, rapists will not be permitted to demand a paternity test.

Bill 12 protects not only the victims of rape but also their children. The current system is harmful to victims and this reform to put an end to what otherwise could be a living nightmare.

The law will allow the victim to make their own choices regarding their rapist’s involvement with the child and whether or not they will be permitted to have parental responsibilities.

The introduction of Bills 2 and 12 have sparked much discussion about the current state of the law and the changes that need to continue to be made. They represent a promising future for Quebec’s family law regarding inclusivity and justice as well as protecting the rights of all Quebecers.