News & Developments
Ontario Courts Have Jurisdiction to Declare More Than Two People Parents
A.A. v. B.B. and C.C., Docket C39998
On January 2, 2007, the Court of Appeal for Ontario released the decision in A.A. v. B.B. and C.C., Docket C39998, confirming that Ontario courts have the jurisdiction to declare more than two people the parents of a child. In this case, a 5 year old child (“DD”) had three parents: a biological mother (“BB”) and father (“CC”) and his biological mother’s same-sex partner (“AA”).
In 2003, AA applied to the Ontario court for a declaration of legal parentage, that is a declaration that she too was DD’s mother. BB and AA did not apply for AA to adopt DD because CC would otherwise lose his status as a parent, something they had decided was not in the best interest of DD. Instead, BB and AA sought legal recognition that AA was the mother of DD, which would effectively provide AA with all of the rights and obligations of a custodial parent. Despite having recognized that AA had been a daily and consistent presence in DD’s life, that she was fully committed to the parental role and that the two biological parents recognized her equal parental status with them, the judge declined jurisdiction stating that the legislation contemplated only one mother of a child. AA’s application was dismissed.
The Court of Appeal for Ontario took a different view and relied up on the broad parens patriae jurisdiction of the court to address this situation. The court found that it was contrary to the best interests of DD that he be deprived of the legal recognition of the parentage of one of his mothers. The court found the legislation to be deficient and that the only way to fill this deficiency was through the exercise of the parens patriae jurisdiction. On that basis, the court issued a declaration that AA was the mother of DD.
A declaration of parentage has practical implications, such as determining lineage and kindred relationships, but is also a symbolic affirmation of the emotional bond between a child and their non-birth parent. As a result, this decision is a significant move towards recognizing and validating parent-child relationships for all families.
Wife’s Claim for Counsel Fees Denied
Patronelli v. Patronelli, 623 S.E.2d 322 (N.C. Ct. App. 2006)
Wife’s claim for counsel fees in alimony proceedings, for which she received pro bono representation, was denied.
Son’s Claim for Derivative Citizenship Denied
Bustamante-Barrera v. Gonzales, 447 F.3d 388 (5th Cir. 2006)
The court found that the son, whose parents were granted joint legal custody when they divorced, did not carry his burden of proof regarding derivative citizenship and denied his petition for review of a Board of Immigration’s removal order.
New Jersey’s Same-Sex Couples Gain Equal Rights
Lewis v. Harris, 908 A.2d 196 (N.J. 2006)
Supreme Court of New Jersey orders the New Jersey legislature to either amend New Jersey’s marriage statutes or enact a statutory structure affording committed same-sax couples the same rights of married couples.
Ban Against Homosexual Foster Parents Unconstitutional in Arkansas
Dep’t of Human Servs. v. Howard, No. 05-814, 2006 Ark. LEXIS 418 (Ark. June 29, 2006)
Supreme Court of Arkansas upheld a lower court decision that a Department of Human Services Regulation banning homosexual persons from being foster parents was unconstitutional—the ban violated separation of powers and the rights of equal protections and privacy, an intimate association guaranteed by the state and U.S. Constitutions.
