Current Uniform Acts
- Assisted Human Reproduction Working Group Report 2009
- I. What is the environment in which we need to understand and discuss child/parental status legal issues?
- A. Increasing Use of AHR as Method for Establishing Families
- B. Increasing Legal Uncertainty and Challenges
- II. Background to the Development of this Report
- III. Defining the Policy Issues
- B. Best Interests of the Child
- C. Guiding Principles
- D. Evolving Law
- IV. The Recommended Approach
- V. Existing legislation that may be affected by decisions on policy issues related to parentage
- VI. Summary of Draft Uniform Act
- All Pages
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B. Increasing Legal Uncertainty and Challenges:
 Advances in
 Changes to the law in this area would respond to the realities of
 Because parentage laws and birth registration are the societal markers of legal parentage, same-sex couples have commenced numerous court challenges to ensure their inclusion in this fundamental element of family formation. Many Canadian jurisdictions have experienced Charter challenges to these two legislative frameworks, and these challenges will continue if legislatures are slow to respond.
 Opposite-sex couples who use
 There has been increasing demand for recognition of parental status in recording of birth registry. Birth registration is the process through which all births that occur in a province or territory get documented. It serves two equally important purposes: provides information for health surveillance (mother and child data) and establishes a source of information used to issue proof of the legal status of an individual – name, age, citizenship and legal parentage. Vital Statistics registries have faced human rights and Charter challenges concerning who is entitled to be registered as a parent where AHR is used. Some of the issues raised impact on parentage and others on the registry process or information needs.
 As this paper deals only with parentage, the issues relating to the type of registration records to be kept by Vital Statistics will not be dealt with. Further work may be required on the Uniform Vital Statistics Act to define how to adequately record information related to situations involving AHR for health surveillance reasons and to adequately address the information needs or expectations of donors, recipients or children born through AHR.