Nova Scotia’s Outdated Laws Fail LGBTQ+ Families in Legal Matters
Nova Scotia’s current legal framework is leaving LGBTQ+ families in a legal limbo, denying them the rights and recognition that other families take for granted. Outdated laws surrounding parentage in the province are causing unnecessary stress and trauma for these families, who are unable to make important decisions for their children due to legal barriers. The case of Krysta Hartlen Côté and her wife Jackie highlights the issues faced by LGBTQ+ families in Nova Scotia.
Krysta and Jackie used a known sperm donor, with Krysta being the gestational and genetic mother. However, under Nova Scotia’s current rules, Jackie cannot be named as a mother on the birth certificate. The couple’s only recourse now is to adopt their own son, which fails to address the fact that Krysta is the biological and genetic parent. This legal discrepancy poses significant challenges for their three-year-old child, who has complex medical needs and is disabled. Only Krysta is legally able to make decisions for their child, including those regarding life-saving measures.
Ilana Luther, executive director of the Access to Justice and Law Reform Institute of Nova Scotia, has been studying parentage in the province for three years. She argues that Nova Scotia needs new parentage legislation that recognizes intent rather than solely relying on biological connections. By adopting such legislation, individuals or couples who intend to conceive a child through assisted reproductive technologies would be guaranteed parentage rights once the child is born. This would eliminate the unnecessary legal hurdles faced by LGBTQ+ families in the province.
The absence of parentage laws in Nova Scotia has far-reaching implications. Parentage is a lifelong status that affects various aspects of a child’s life, including medical decision-making and even inheritance rights. Susanne Litke, a queer lawyer who has been involved in law reform matters for two decades, emphasizes the need for a Parentage Act in the province. Litke argues that the current reliance on Vital Statistics legislation fails to address the complexities of parentage and exclusion faced by diverse families, including those in the LGBTQ+ community and polyamorous families.
The impact of Nova Scotia’s outdated laws extends beyond the LGBTQ+ community to common-law partners who have used reproductive technologies. In the event of the non-birthing partner’s death without a will, their child might not have inheritance rights under the current system. This highlights the urgent need for comprehensive parentage legislation in the province.
While the Nova Scotia government maintains that parentage legislation is not being considered separately, consultations are continuing regarding changes to the Vital Statistics Act. However, it is clear that such changes are insufficient and fail to address the specific needs and challenges faced by LGBTQ+ families in Nova Scotia. The introduction of a Parentage Act that recognizes intent rather than outdated biological definitions is crucial to ensuring equal rights and recognition for all families in the province.
In conclusion, Nova Scotia’s outdated laws surrounding parentage perpetuate legal challenges and discrimination against LGBTQ+ families. The absence of comprehensive legislation recognizing intent rather than solely relying on biological connections leaves these families in a legal limbo. Urgent action is needed to address these issues and ensure that all families, regardless of their sexual orientation or gender identity, are granted the rights and recognition they deserve.
