On April 26, 2025, the Superior Court of Quebec issued a landmark ruling recognizing that a child may now legally have more than two parents (V.M. c. Directeur de l’État civil, 2025 QCCS 1304). Until now, only two names could be listed on a child’s birth certificate in Quebec. This restriction was found to be discriminatory and contrary to the fundamental rights protected by the Canadian Charter of Rights and Freedoms. The Superior Court’s decision also invalidates 44 provisions of the Civil Code of Quebec, giving the provincial government 12 months to amend the Civil Code of Quebec to legally recognize this type of family structure.
In his 105-page judgment, the Honourable Justice Andres C. Garin, J.C.S. acknowledged that the traditional model of a heterosexual, married couple is no longer the only acceptable societal norm in Quebec. He emphasized that modern families are increasingly diverse and that the law must evolve to reflect and validate these non-conventional family structures.
In this particular case, a man (Mr. D) and a woman (Ms. P) were married and had three children together. During their marriage, Ms. P developed a romantic relationship with another woman (Ms. M). Over time, the three adults formed a committed parental partnership and began raising the children together as a family unit. In 2022, one of the women expressed a desire to have another child, and the parental project became a shared one among all three. When the child was born, the three parties wished to have a legally recognized link of filiation with the child as they considered themselves as three equally valued parents. They agreed that Ms. P would carry the child while Ms. M would accompany her and Mr. D would be the donor. However, the child’s birth certificate only listed Ms. P as the biological mother while the other parent was “not declared”. In Quebec, having a parent’s name listed on a child’s birth certificate not only establishes filiation, but also confers important legal rights and obligations, including parental authority. Normally, in the case of assisted reproduction, the donor’s name is not listed on the birth certificate (section 538 Civil Code of Quebec). In this particular case, Mr. D wanted to be recognized legally as the father of the child even though he was a donor assisting Ms. P and Ms. M’s parental project.
The recognition of three parents is deeply meaningful for families in Quebec, sending a powerful message to society that multi-parental families deserve legal recognition and normalization alongside more traditional family models. Justice Garin found that the provisions in the Civil Code of Quebec which recognize a family dynamic consisting of only two parents violate the right to equality protected by section 15(1) of the Charter. More specifically, Justice Garin found that these parents were discriminated against based on their “family status”. Although such grounds are not explicitly listed in the Charter, the Court recognized it as an “analogous ground”. Therefore, Justice Garin ordered that Mr. D be listed on the birth certificate of the child.
The provisions of the Civil Code of Quebec that were affected by this ruling were suspended and declared invalid and inoperable for a period of 12 months to allow the legislature time to amend the law in a manner consistent with the Charter. If the Quebec legislature were to reform the law in the manner that the Court ruled, Quebec would align itself with other Canadian jurisdictions, such as, Ontario Newfoundland and Labrador, and British-Columbia, that have already taken steps toward legal recognition of more than two parents in appropriate cases.
Overall, this decision will have not only legal but also social implications. It is likely to influence future cases where parenting time and parental authority are central issues, particularly in the context of divorce or separation.
To read the full Superior Court decision, please click this link
