Bill 137, Cy and Ruby's Act (Parental Recognition), 2015

DiNovo, Cheri

Current Status: Ordered referred to the Standing Committee on Regulations and Private Bills

Viewing: Original (current version) pdf

Bill 137                                                       2015

An Act to amend the Children’s Law Reform Act, the Vital Statistics Act and other Acts with respect to parental recognition

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Children’s Law Reform Act

   1.  Section 1 of the Children’s Law Reform Act is repealed and the following substituted:

Parentage

   1.  For all purposes of the law of Ontario,

  (a)  a person is the child of their parents, whether the child is born within or outside of marriage;

  (b)  a child’s parents are the persons determined under Part II to be the child’s parents; and

   (c)  the relationship of parent and child and kindred relationships flowing from that relationship must be as determined under Part II.

   2.  Subsection 2 (2) of the Act is repealed and the following substituted:

Same

   (2)  In any instrument, Act or regulation,

  (a)  a reference to a “mother” or “father” is deemed to be a reference to any parent as determined under Part II; and

  (b)  any reference to a single individual who is a “mother” or “father” is deemed to be a reference to one or more individuals who are parents as determined under Part II.

   3.  The Act is amended by adding the following section after the heading to Part II:

Interpretation

   2.1  (1)  In this Part,

“ancestry test” means a test used to identify inheritable characteristics, including a human leukocyte antigen test, a deoxyribonucleic acid (DNA) test and any other test a court considers appropriate; (“test d’ascendance”)

“assisted reproduction” means a method of conceiving a child other than by sexual intercourse; (“procréation assistée”)

“birth parent” means, in relation to a child, the person who gives birth to, or is delivered of, the child, regardless of whether the person’s human reproductive material was used in the child’s conception; (“parent de naissance”)

“donor” means a person who, for the purposes of assisted reproduction other than for the person’s own reproductive use, provides,

  (a)  the person’s own human reproductive material, from which a child is conceived, or

  (b)  an embryo created through the use of the person’s human reproductive material; (“donneur”)

“embryo” means a human organism during the first 56 days of its development following fertilization or creation, excluding any time during which its development has been suspended, and includes any cell derived from such an organism that is used for the purpose of creating a human being; (“embryon”)

“human reproductive material” means a sperm, an ovum or another human cell or human gene, and includes a part of any of them. (“matériel reproductif humain”)

Deemed conception

   (2)  A child born as a result of assisted reproduction is deemed to have been conceived on the day the human reproductive material or embryo was implanted in the birth parent.

Void marriages

   (3)  For the purposes of this Part, two persons are deemed to have been married during the period they were living together, and the marriage is deemed to have ended when the persons stopped living together, if,

  (a)  the two persons go through a form of marriage to each other, with at least one of them doing so in good faith;

  (b)  the two persons live together during the marriage; and

   (c)  the marriage is void.

Voidable marriages

   (4)  For the purposes of this Part, if a voidable marriage is judged a nullity, the persons who went through the form of marriage are deemed to be married until the date of the judgment of nullity and the marriage is deemed to have ended on the date of the judgment.

   4.  Sections 4 and 5 of the Act are repealed and the following substituted:

Declaration of parentage

   4.  (1)  Any person having an interest may apply to a court for a declaration of parentage.

Registrar General as party

   (2)  The Registrar General shall be made a party to an application under this section.

Who must be served

   (3)  If an application is made under subsection (1), the following persons must be served with notice of the application:

  (a)  the child, if the child is 16 years of age or older;

  (b)  each guardian of the child;

   (c)  each adult person with whom the child usually resides and who generally has care of the child;

  (d)  each person, known to the applicant, who claims or is alleged to be a parent of the child;

  (e)  any other person to whom the court considers it appropriate to provide notice, including a child under 16 years of age; and

   (f)  the Deputy Registrar General.

Order

   (4)  The court may, by order, make a declaration of the child’s parentage.

Same

   (5)  Subject to sections 6 and 7, the order shall be recognized for all purposes.

Same

   (6)  To the extent possible, the order must give effect to the rules respecting the determination of parentage set out under this Part.

Same

   (7)  The court may make the order despite the death of the child or person who is the subject of the application, or both.

   5.  Section 6 of the Act is amended by striking out “section 4 or 5” and substituting “section 4”.

   6.  (1)  Subsection 6.1 (1)  of the Act is amended by striking out “under section 4, 5 or 6, as the case may be, to be the mother or father” and substituting “under section 4 or 6 to be a parent”.

   (2)  Subsection 6.1 (2) of the Act is amended by striking out “section 4, 5 or 6” and substituting “section 4 or 6”.

   7.  Section 7 of the Act is amended by striking out “section 4, 5 or 6.1” and substituting “section 4 or 6.1”.

   8.  Section 8 of the Act is repealed and the following substituted:

Donor not automatically parent

   8.  (1)  If a child is born as a result of assisted reproduction, a donor who provided human reproductive material or an embryo for the assisted reproduction of the child,

  (a)  is not, by reason only of the donation, the child’s parent;

  (b)  may not be declared by a court, by reason only of the donation, to be the child’s parent; and

   (c)  is the child’s parent only if determined under this Part to be the child’s parent.

Same

   (2)  For the purposes of any instrument, Act or regulation that refers to a person, described in terms of their relationship to another person by birth, blood or marriage, the reference must not be read as a reference to, nor read to include, a person who is a donor unless the person comes within the description because of the relationship of parent and child as determined under this Part.

Presumption of parentage, general

   8.1  (1)  Subject to section 8.3, on the birth of a child, whether as a result of assisted reproduction or not, the child’s parents are the birth parent and any person presumed to be the child’s parent under subsection (2).

Non-birth parent

   (2)  For the purposes of this section, a person is presumed, unless the contrary is proved, to be a child’s parent in any of the following circumstances:

    1.  The person was married to the child’s birth parent on the day of the child’s birth.

    2.  The person was married to the child’s birth parent and, within 300 days before the child’s birth, the marriage was ended,

            i.  by the person’s death,

           ii.  by a judgment of divorce, or

          iii.  as referred to in subsection 2.1 (3) or (4).

    3.  The person married the child’s birth parent after the child’s conception and acknowledges parentage of the child.

    4.  The person was living with the child’s birth parent in a marriage-like relationship within 300 days before, or on the day of, the child’s birth.

    5.  The person, along with the child’s birth parent, has acknowledged parentage of the child by having certified the birth under the Vital Statistics Act or a similar Act in another jurisdiction in Canada.

    6.  The person has been found or recognized in the person’s lifetime by a court of competent jurisdiction in Canada to be a parent of the child.

Parentage if adoption

   (3)  Despite subsection (1), if a child is adopted, the child’s parents are as set out in the Child and Family Services Act.

Parentage by agreement

   8.2  (1)  Subject to section 8.3, this section applies on the birth of a child, whether as a result of assisted reproduction or not, if an agreement described in subsection (2) has been entered into with respect to the parentage of the child.

Agreement

   (2)  The agreement must,

  (a)  have been entered into before the child was conceived;

  (b)  have been entered into between a potential birth parent and a person or persons who intend to be a parent or parents to the child, all of whom agree to be parents of the child together; and

   (c)  provide that on the birth of the child, the parties to the agreement will be the parents of the child.

Same

   (3)  On the birth of the child, the child’s parents are the parties to the agreement.

Deemed revocation of agreement

   (4)  If, before a child is conceived, a party to the agreement withdraws from the agreement, the agreement is deemed to be revoked.

Parentage if surrogacy arrangement

   8.3  (1)  This section applies if,

  (a)  before a child is conceived through assisted reproduction, a written agreement is made between a potential birth parent and a person or persons who intend to be the parent or parents to the child; and

  (b)  the agreement provides that the potential birth parent will be the birth parent of a child conceived through assisted reproduction and that, on the child’s birth,

           (i)  the birth parent will not be a parent of the child, and

          (ii)  the birth parent will surrender the child to the person or persons mentioned in clause (a), who will be the child’s parent or parents.

Intended parent

   (2)  On the birth of a child born in the circumstances described in subsection (1), the person or persons mentioned in clause (1) (a) who intend to be the parent or parents are the child’s parent or parents if all of the following conditions are met:

    1.  Before the child is conceived, no party to the agreement withdraws from the agreement.

    2.  After the child’s birth,

            i.  the birth parent gives written consent to surrender the child to the person or persons,

           ii.  the person or persons,

                  A.  take the child into their care, or

                  B.  are primarily responsible for decision-making for the child if the child is under medical supervision in a medical facility, and

          iii.  a court of competent jurisdiction declares the birth parent not to be the child’s parent and declares the person or persons to be the parent or parents of the child.

Waiver of consent

   (3)  For the purposes of the consent required under subparagraph 2 i of subsection (2), the court may waive the consent if the birth parent,

  (a)  is deceased or incapable of giving consent; or

  (b)  cannot be located after reasonable efforts have been made to do so.

Death of intended parent

   (4)  If all of the persons mentioned in clause (1) (a) who intend to be the parents die after the child is conceived, the deceased person or persons are the child’s parent or parents if all of the following conditions are met after the child’s birth:

    1.  The birth parent gives written consent to surrender the child to the personal representative or other person acting in the place of the deceased person or persons.

    2.  The personal representative or other person mentioned in paragraph 1,

            i.  takes the child into their care, or

           ii.  is primarily responsible for decision-making for the child if the child is under medical supervision in a medical facility.

    3.  A court of competent jurisdiction declares the birth parent not to be the child’s parent and declares the deceased person or persons to be the child’s parent or parents.

Consent

   (5)  An agreement mentioned in subsection (1) is not consent for the purposes of subparagraph 2 i of subsection (2) or paragraph 1 of subsection (4).

Agreements re parentage

   8.4  (1)  An agreement under section 8.2 or 8.3 may be entered into by using the forms prescribed by the regulations for the purposes of those sections.

Regulations

   (2)  The Lieutenant Governor in Council may, by regulation, prescribe the forms mentioned in subsection (1).

Agreement as evidence

   (3)  An agreement under section 8.2 or 8.3, whether or not it was entered into using the prescribed form, may be used as evidence of the parties’ intentions with respect to the child’s parentage if a dispute arises after the child’s birth.

Parentage if assisted reproduction after death

   8.5  (1)  This section applies if,

  (a)  a child is conceived through assisted reproduction, including assisted reproduction that is the subject of an agreement under section 8.2 or 8.3;

  (b)  a person who provided the human reproductive material or embryo used in the child’s conception,

           (i)  did so for that person’s own reproductive use, and

          (ii)  died before the child’s conception; and

   (c)  there is proof that the person,

           (i)  gave written consent to the use, after their death, of the human reproductive material or embryo by a specified person, and

          (ii)  gave written consent to be the parent of a child conceived after the person’s death, and

         (iii)  did not, before their death, withdraw the consent referred to in subclause (i) or (ii).

Child’s parents

   (2)  On the birth of a child born in the circumstances described in subsection (1), the child’s parents are the person mentioned in clause (1) (b) and any other persons who are determined to be parents of the child under this Part.

   9.  Section 10 of the Act is repealed and the following substituted:

Ancestry tests

   10.  (1)  On the application by a party in a civil proceeding in which a court is called on to determine a child’s parentage, the court may order a person, including a child, to have a tissue sample or blood sample, or both, taken by a medical practitioner or other qualified person for the purpose of conducting one or more ancestry tests.

Conditions

   (2)  The court may impose conditions, as it thinks proper, on an order under subsection (1).

Cost

   (3)  An order under subsection (1) may require a party to pay all or part of the cost of the ancestry tests.

Failure to comply

   (4)  If a person named in an order under subsection (1) fails to comply with the order, the court may draw from that failure any inference that the court considers appropriate.

Exception

   (5)  Subsection (4) does not apply if the refusal is the decision of a substitute decision-maker as defined in section 9 of the Health Care Consent Act, 1996.

Consent to procedure

   (6)  The Health Care Consent Act, 1996 applies to a tissue sample or blood sample ordered under subsection (1) as if it were treatment under that Act.

Use of results

   (7)  Despite any determination of a biological or genetic relationship between a person and a child on the basis of an ancestry test, the determination of whether the person is or is not a parent shall be made in accordance with this Part.

   10.  (1)  Subsection 12 (1) of the Act is amended by striking out “that he or she is the father or mother, as the case may be” and substituting “that the person is a parent”.

   (2)  Subsection 12 (2) of the Act is amended by striking out “Two persons” and substituting “Two or more persons” and by striking out “they are the father and mother” and substituting “they are the parents”.

   11.  Section 16 of the Act is amended by striking out “an order made under section 4, 5 or 6” at the end and substituting “an order made under section 4 or 6”.

   12.  (1)  Subsection 20 (1) of the Act is repealed and the following substituted:

Parents entitled to custody

   (1)  Except as otherwise provided in this Part, the parents of a child are equally entitled to custody of the child. 

   (2)  Subsection 20 (4) of the Act is repealed and the following substituted:

Where parents live separately

   (4)  Where the parents of a child live separate and apart and the child lives with one or more of them with the consent, implied consent or acquiescence of the other parent or parents, the right of the parent or parents who do not live with the child to exercise the entitlement of custody and the incidents of custody, but not the entitlement to access, is suspended until an agreement or order provides otherwise.

   13.  Clauses 22 (2) (a) to (c) of the Act are repealed and the following substituted:

  (a)  with all the child’s parents;

  (b)  where the parents live separate and apart, with one or more parents by agreement or with the consent, implied consent or acquiescence of the other parent or parents or under a court order; or

   (c)  with a person other than a parent on a permanent basis for a significant period of time,

.     .     .     .     .

   14.  Clause 24 (2) (h) of the Act is repealed and the following substituted:

  (h)  the intention, of each person who is a party to the application, with respect to their relationship with the child.

   15.  Clause 62 (3) (a) of the Act is repealed and the following substituted:

  (a)  the parents of the child;

Vital Statistics Act

   16.  (1)  The definition of “birth” in section 1 of the Vital Statistics Act is repealed and the following substituted:

“birth” means the complete expulsion or extraction from a person of a fetus that did at any time after being completely expelled or extracted from the person breathe or show any other sign of life, whether or not the umbilical cord was cut or the placenta attached; (“naissance”)

   (2)  Section 1 of the Act is amended by adding the following definitions:

“birth parent” means, in relation to a child, the person who gives birth to the child, regardless of whether the person’s human reproductive material was used in the child’s conception; (“parent de naissance”)

“surrendering parent”, in relation to an adopted person, means a person whose name appears as a parent on the original registration, if any, of the adopted person’s birth and such other persons as may be prescribed; (“parent d’origine”)

   (3)  The definition of “still-birth” in section 1 of the Act is amended by striking out “its mother” and substituting “a person”.

   17.  (1)  Subsection 9 (1) of the Act is repealed and the following substituted:

Certification of birth

   (1)  The parents of a child, or one of them in such circumstances as may be prescribed, or such other person as may be prescribed, shall certify the birth in Ontario of the child in the manner, within the time and to the person prescribed by the regulations.

   (2)  Subsection 9 (6) of the Act is repealed and the following substituted:

Amendment of registration

   (6)  The Registrar General shall amend a birth registration by issuing a new birth certificate in the circumstances prescribed by the regulations and upon application by the person or persons prescribed by the regulations.

Same

   (6.1)  The Registrar General shall ensure that a new birth certificate issued under subsection (6) does not,

  (a)  display the original information that the Registrar General amended under subsection (6); or

  (b)  indicate that the birth registration has been amended.

   (3)  Subsection 9 (7) of the Act is amended by striking out “section 4, 5 or 6” and substituting “section 4 or 6 or subparagraph 2 iii of subsection 8.3 (2)”.

   18.  Subsection 10 (3) of the Act is repealed and the following substituted:

How child’s surname determined

   (3)  Subject to subsection (3.1), a child’s surname shall be determined as follows:

    1.  If the parents certify the child’s birth, they may agree to give the child any one of the parents’ surnames or former surnames or a surname consisting of their surnames or former surnames hyphenated or combined.

    2.  If the parents certify the child’s birth but do not agree on the child’s surname, the child shall be given,

            i.  the parents’ surname, if they have the same surname, or

           ii.  a surname consisting of the parents’ surnames hyphenated or combined in alphabetical order, if they have different surnames.

    3.  If one parent certifies the child’s birth and some or all of the other parents are incapable by reason of illness or death, the parent who certifies the birth may give the child any parent’s surname or former surname or a surname consisting of their surnames or former surnames, hyphenated or combined.

    4.  If the birth parent who certifies the child’s birth does not acknowledge another parent, the birth parent may give the child the birth parent’s surname or former surname.

    5.  If a person who is not the child’s parent certifies the child’s birth, the child shall be given,

            i.  the parents’ surname, if they have the same surname,

           ii.  a surname consisting of the parents’ surnames hyphenated or combined in alphabetical order, if they have different surnames,

          iii.  if only one parent is known, that parent’s surname, or

          iv.  if only some of the parents are known and they have different surnames, a surname consisting of those parents’ surnames hyphenated or combined in alphabetical order.

Same

   (3.1)  Despite subsection (3),

  (a)  a surname shall not contain more than two surnames hyphenated or combined; and

  (b)  if there is disagreement about which surnames to be hyphenated or combined in a surname, the disagreement shall be resolved in accordance with the regulations.

   19.  Subsection 14 (2) of the Act is repealed and the following substituted:

More than one custodian

   (2)  If more than one person has lawful custody of a child, the election may only be made by all of those persons.

   20.  Clause 15 (1) (a) of the Act is amended by striking out “the person” and substituting “the person or persons”.

   21.  Section 17 of the Act is repealed.

   22.  Subsections 48.1 (4) to (11) of the Act are repealed and the following substituted:

Effect of notice of preferred manner of contact

   (4)  If a notice submitted by a surrendering parent under subsection 48.3 (2) is in effect, the Registrar General shall give the applicant a copy of the notice when the Registrar General gives the applicant the uncertified copies.

Effect of notice of wish not to be contacted

   (5)  If there is only one surrendering parent and a notice submitted by the surrendering parent under subsection 48.4 (3) is in effect, the Registrar General shall not give the uncertified copies to the applicant unless the applicant agrees in writing not to contact or attempt to contact the surrendering parent, either directly or indirectly.

Same

   (6)  If there is more than one surrendering parent and notices submitted by all surrendering parents under subsection 48.4 (3) are in effect, the Registrar General shall not give the uncertified copies to the applicant unless the applicant agrees in writing not to contact or attempt to contact the surrendering parents, either directly or indirectly.

Same

   (7)  If there is more than one surrendering parent and notices submitted by only some of the surrendering parents under subsection 48.4 (3) are in effect, the Registrar General shall,

  (a)  give the applicant the uncertified copies if the applicant agrees in writing not to contact or attempt to contact the surrendering parents whose notices are in effect, either directly or indirectly; or

  (b)  if the applicant refuses to agree in writing not to contact or attempt to contact those surrendering parents, either directly or indirectly, delete any identifying information relating to the surrendering parents whose notices are in effect from the uncertified copies and give the applicant the redacted uncertified copies.

Copy of notice

   (8)  Where the Registrar General gives the applicant the uncertified copies under subsection (5) or (6) or clause (7) (a), he or she shall also give the applicant a copy of all notices that were submitted under subsection 48.4 (3) by the surrendering parents.

Effect of disclosure veto

   (9)  If there is only one surrendering parent and a disclosure veto submitted by the surrendering parent under subsection 48.5 (5) is in effect, the Registrar General shall not give the uncertified copies to the applicant.

Same

   (10)  If there is more than one surrendering parent and disclosure vetoes submitted by all surrendering parents under subsection 48.5 (5) are in effect, the Registrar General shall not give the uncertified copies to the applicant.

Same

   (11)  If there is more than one surrendering parent and disclosure vetoes submitted by only some of the surrendering parents under subsection 48.5 (5) are in effect, the Registrar General shall delete any identifying information relating to the surrendering parents whose disclosure vetoes are in effect from the uncertified copies and give the applicant the redacted uncertified copies.

   23.  (1)  Subsections 48.2 (1) and (2) of the Act are repealed and the following substituted:

Disclosure to a surrendering parent

   (1)  A surrendering parent of an adopted person may apply to the Registrar General for all the information contained in the following documents, with the exception of information about persons other than the applicant, the adopted person and a person whose name appears in the documents because of their involvement, in a professional capacity, in the adoption or birth registration:

    1.  The original registration, if any, of the adopted person’s birth.

    2.  Any birth registration respecting the adopted person that was substituted in accordance with subsection 28 (2).

    3.  Any registered adoption order respecting the adopted person.

Age restriction

   (2)  The surrendering parent is not entitled to apply for the information described in subsection (1) until the adopted person is at least 19 years old.

   (2)  Subsection 48.2 (7) of the Act is repealed and the following substituted:

Effect of disclosure veto

   (7)  If a disclosure veto submitted by an adopted person under subsection 48.5 (2) is in effect, the Registrar General shall not give the information described in subsection (1) to,

  (a)  any surrendering parent who applies for the information under subsection (1), if the disclosure veto does not specify a surrendering parent against whom it is effective; or

  (b)  if the adopted person specifies in the disclosure veto that it is to be effective only against some of the surrendering parents, those surrendering parents specified in the disclosure veto.

   24.  (1)  Subsection 48.3 (1) of the Act is repealed and the following substituted:

Notice, preferred manner of contact

Adopted person

   (1)  An adopted person who is at least 18 years old may submit to the Registrar General a notice specifying his or her preferences concerning the manner in which a surrendering parent may contact him or her.

   (2)  Subsection 48.3 (2) of the Act is repealed and the following substituted:

Surrendering parent

   (2)  A surrendering parent may submit to the Registrar General a notice specifying his or her preferences concerning the manner in which an adopted person may contact him or her.

   (3)  Subsections 48.3 (4) to (6) of the Act are repealed and the following substituted:

Exception

   (4)  Despite subsection (3), a notice submitted by an adopted person with respect to a surrendering parent does not come into effect if, before the match is made, the Registrar General has already given that surrendering parent the information described in subsection 48.2 (1).

Same

   (5)  Despite subsection (3), a notice submitted by a surrendering parent does not come into effect if, before the match is made, the Registrar General has already given the adopted person the uncertified copies of registered documents described in subsection 48.1 (1).

Withdrawal of notice

   (6)  Upon application, the adopted person or surrendering parent, as the case may be, may withdraw the notice.

   25.  (1)  Subsection 48.4 (1) of the Act is repealed and the following substituted:

Notice, wish not to be contacted

Adopted person

   (1)  An adopted person who is at least 18 years old may submit to the Registrar General a notice that he or she wishes not to be contacted by a surrendering parent.

   (2)  Subsection 48.4 (3) of the Act is repealed and the following substituted:

Surrendering parent

   (3)  A surrendering parent may submit to the Registrar General a notice that he or she wishes not to be contacted by the adopted person.

   (3)  Subsections 48.4 (6) to (8) of the Act are repealed and the following substituted:

Exception

   (6)  Despite subsection (5), a notice submitted by an adopted person with respect to a surrendering parent does not come into effect if, before the match is made, the Registrar General has already given that surrendering parent the information described in subsection 48.2 (1).

Same

   (7)  Despite subsection (5), a notice submitted by a surrendering parent does not come into effect if, before the match is made, the Registrar General has already given the adopted person the uncertified copies of registered documents described in subsection 48.1 (1).

Withdrawal of notice

   (8)  Upon application, the adopted person or surrendering parent, as the case may be, may withdraw the notice.

   26.  (1)  Subsections 48.5 (1) to (3) of the Act are repealed and the following substituted:

Disclosure veto

Application

   (1)  This section applies to an adopted person and to the surrendering parents of an adopted person only if the registered adoption order relating to the adopted person was made before September 1, 2008.

Adopted person

   (2)  An adopted person who is at least 18 years old may submit to the Registrar General a disclosure veto to prohibit the disclosure of information under section 48.2 to a surrendering parent.

Same

   (3)  If there is more than one surrendering parent, the adopted person may specify in the disclosure veto that it is to be effective only against one or more of the surrendering parents.

   (2)  Subsections 48.5 (5) and (6) of the Act are repealed and the following substituted:

Surrendering parent

   (5)  A surrendering parent of an adopted person may submit to the Registrar General a disclosure veto to prohibit the disclosure of information under section 48.1 to the adopted person.

Proof of identity

   (6)  A disclosure veto submitted under subsection (5) shall not be registered until the surrendering parent provides the Registrar General with such evidence of his or her identity as may be required by the Registrar General.

   (3)  Subsections 48.5 (9) to (11) of the Act are repealed and the following substituted:

Exception

   (9)  Despite subsection (8), a disclosure veto submitted by an adopted person with respect to one or more surrendering parents does not come into effect with respect to any surrendering parent to whom the Registrar General has already given the information described in subsection 48.2 (1) before the match is made.

Same

   (10)  Despite subsection (8), a disclosure veto submitted by a surrendering parent does not come into effect if, before the match is made, the Registrar General has already given the adopted person the uncertified copies of the documents described in subsection 48.1 (1).

Withdrawal of veto

   (11)  Upon application, the adopted person or surrendering parent, as the case may be, may withdraw a disclosure veto.

   (4)  Subsection 48.5 (13) of the Act is repealed and the following substituted:

Death of person who submitted veto

   (13)  If an adopted person or a surrendering parent who submitted a disclosure veto under this section dies and the disclosure veto is in effect, the disclosure veto ceases to be in effect when the Registrar General has received evidence of the death and the date of the death that is satisfactory to the Registrar General and has matched that information with the disclosure veto.

   27.  Subsections 56.1 (1) to (4) of the Act are repealed and the following substituted:

Offences re contacting adopted person or surrendering parent despite notice

   (1)  If, under section 48.1, an adopted person receives notice that a surrendering parent does not wish to be contacted, the adopted person shall not knowingly contact or attempt to contact the surrendering parent, either directly or indirectly.

Surrendering parent

   (2)  If, under section 48.2, a surrendering parent receives notice that the adopted person does not wish to be contacted by the surrendering parent, he or she shall not knowingly contact or attempt to contact the adopted person, either directly or indirectly.

Other persons

   (3)  No person shall contact or attempt to contact a surrendering parent on behalf of an adopted person if the adopted person is prohibited by subsection (1) from doing so.

Same

   (4)  No person shall contact or attempt to contact an adopted person on behalf of a surrendering parent if the surrendering parent is prohibited by subsection (2) from doing so.

   28.  (1)  Subsection 60 (1) of the Act is amended by adding the following clause:

(i.7)  respecting the determination of a child’s surname;

   (2)  Clauses 60 (1) (r) to (r.2) of the Act are repealed and the following substituted:

   (r)  prescribing persons for the purposes of the definition of “surrendering parent” in subsection 1 (1);

(r.1)  respecting the rules that apply where an adopted person or surrendering parent has submitted more than one notice under sections 48.3 and 48.4 or one such notice and a disclosure veto under section 48.5, or any other combination of such documents, including providing whether a notice or disclosure veto prevails and terminating the effect of a notice or of a disclosure veto;

(r.2)  governing the disclosure of information in relation to adoption in situations where an individual has been the subject of more than one registered adoption order, including providing that all or part of sections 48.1, 48.2, 48.3, 48.4 and 48.5 do not apply to an adopted person or a surrendering parent or classes of adopted persons or surrendering parents;

Consequential Amendments

Change of Name Act

   29.  Subsection 5 (2.1) of the Change of Name Act is repealed and the following substituted:

Same

   (2.1)  Where a person is declared under section 4 or 6, as the case may be, of the Children’s Law Reform Act to be the parent of a child and obtains an order under section 6.1 of that Act changing the child’s surname, an application under subsection (1) by another person to change the child’s surname also requires the written consent of the person declared to be the child’s parent.

   30.  Clause 6 (2) (d) of the Act is amended by striking out “father and mother” and substituting “parent or parents”.

Child and Family Services Act

   31.  The French version of subparagraph 3 iv of subsection 1 (2) of the Child and Family Services Act is amended by striking out “de son père, de sa mère, de ses parents” and substituting “de ses parents, de ses parents proches”.

   32.  (1)  The French version of the definition of “relative” in subsection 3 (1) of the Act is repealed.

   (2)  The French version of the definition of “residential service” in subsection 3 (1) of the Act is amended by striking out “de son père ou de sa mère” and substituting “de son parent” and by striking out “aux soins d’un parent” and substituting “aux soins d’un parent proche”.

   (3)  The French version of subsection 3 (1) of the Act is amended by adding the following definition:

“parent proche” Relativement à un enfant, s’entend d’une personne qui est son grand-père, sa grand-mère, son grand-oncle, sa grand-tante, son oncle ou sa tante, par le sang, une union conjugale ou l’adoption. (“relative”)

   (4)  Subsection 3 (2) of the Act is repealed and the following substituted:

Same: “parent”

   (2)  In this Act, except if provided otherwise, a reference to a child’s parent shall be deemed to be a reference to,

  (a)  all parents who have custody of the child;

  (b)  one parent, where that parent has lawful custody of the child or the other parents are unavailable or unable to act as the context requires; or

   (c)  another individual, where that individual has lawful custody of the child.

   (5)  The French version of paragraphs 1 and 2 of subsection 3 (3) of the Act is amended by striking out “ou avec le père, la mère, le frère, la soeur ou un parent de celui-ci” wherever it appears and substituting in each case “ou avec un parent, un frère, une soeur ou un parent proche de l’enfant”.

   33.  (1)  The definition of “nearest relative” in subsection 4 (1) of the Act is repealed.

   (2)  Subsection 4 (3) of the Act is repealed and the following substituted:

Where person lacks capacity

   (3)  A person’s relative who meets the criteria set out in subsection (3.1) may give or revoke a consent or participate in or terminate an agreement on the person’s behalf if it has been determined on the basis of an assessment, not more than one year before the relative acts on the person’s behalf, that the person does not have capacity.

Relative, criteria

   (3.1)  For the purposes of subsection (3), the following criteria apply:

    1.  If the person who does not have capacity is less than 16 years old, the relative must have lawful custody of the person.

    2.  If the person who does not have capacity is 16 years old or more, the relative must be authorized to give or refuse consent to a treatment on the person’s behalf under the Health Care Consent Act, 1996 if the person were incapable with respect to the treatment under that Act.

   34.  (1)  The definition of “parent” in subsection 37 (1) of the Act is repealed and the following substituted:

“parent”, when used in reference to a child, means each individual who meets one of the following descriptions but does not include an individual who is a foster parent of the child:

    1.  A parent of the child as determined under Part II the Children’s Law Reform Act.

    2.  An individual having lawful custody of the child.

    3.  An individual who, during the 12 months before intervention under this Part, has demonstrated a settled intention to treat the child as a child of his or her family, or has acknowledged parentage of the child and provided for the child’s support.

    4.  An individual who, under a written agreement or a court order, is required to provide for the child, has custody of the child or has a right of access to the child.

    5.  An individual who has acknowledged parentage of the child in writing under section 12 of the Children’s Law Reform Act; (“parent”)

   (2)  The French version of paragraph 6 of subsection 37 (3) of the Act is repealed and the following substituted:

    6.  Les relations et les liens affectifs de l’enfant avec l’un de ses parents, son frère ou sa soeur, un parent proche, un autre membre de sa famille élargie ou un membre de sa communauté.

   (3)  The French version of clause 37 (5) (a) of the Act is amended by striking out “un parent” and substituting “un parent proche”.

   35.  The French version of subsection 51 (3.1) of the Act is repealed and the following substituted:

Placement chez un parent proche ou une autre personne

   (3.1)  Avant de rendre une ordonnance provisoire portant sur les soins et la garde aux termes de l’alinéa (2) d), le tribunal examine s’il est dans l’intérêt véritable de l’enfant de rendre une ordonnance aux termes de l’alinéa (2) c) en vue de le confier aux soins et à la garde d’une personne qui est un parent proche de l’enfant ou un membre de sa famille élargie ou de sa communauté.

   36.  The French version of subsection 57 (4) of the Act is amended by amended by striking out “chez un parent” and substituting “chez un parent proche”.

   37.  (1)  The definitions of “birth parent”, “birth relative” and “birth sibling” in subsection 136 (1) of the Act are repealed.

   (2)  Clause (a) of the definition of “openness order” in subsection 136 (1) of the Act is repealed and the following substituted:

  (a)  a surrendering parent,

(a.1) a child of the surrendering parent mentioned in clause (a), including a child adopted by the surrendering parent and a person whom the surrendering parent has demonstrated a settled intention to treat as a child of his or her family,

(a.2) in respect of a child who has not been adopted, a relative of the child,

(a.3) in respect of a child who has been adopted, a person who would have been a relative of the child if the child had not been adopted,

   (3)  Subsection 136 (1) of the Act is amended by adding the following definition:

“surrendering parent” means a person who satisfies the prescribed criteria; (“parent d’origine”)

   38.  Subsection 137 (1) of the Act is repealed and the following substituted:

Consents

   (1)  In this section,

“parent”, when used in reference to a child, means each individual who meets one of the following descriptions but does not include an individual who is a foster parent of the child:

    1.  A parent of the child as determined under Part II the Children’s Law Reform Act.

    2.  An individual having lawful custody of the child.

    3.  An individual who, during the 12 months before the child is placed for adoption under this Part, has demonstrated a settled intention to treat the child as a child of his or her family, or has acknowledged parentage of the child and provided for the child’s support.

    4.  An individual who, under a written agreement or a court order, is required to provide for the child, has custody of the child or has a right of access to the child.

    5.  An individual who has acknowledged parentage of the child in writing under section 12 of the Children’s Law Reform Act.

   39.  The French version of subsection 141 (8) of the Act is repealed and the following substituted:

Exception : adoption par un membre de la famille

   (8)  Les paragraphes (1), (2), (3), (4), (6) et (7) ne s’appliquent pas:

    a)  au placement d’un enfant en vue de son adoption chez un parent proche, l’un de ses parents ou le conjoint de l’un de ses parents;

    b)  au fait d’amener ou d’envoyer un enfant en dehors de l’Ontario en vue de son adoption par un parent proche, l’un de ses parents ou le conjoint de l’un de ses parents.   

   40.  The French version of subsection 146 (2) of the Act is repealed and the following substituted:

Adoption par un membre de la famille

   (2)  Le tribunal peut, dans l’intérêt véritable de l’enfant, rendre une ordonnance d’adoption à la requête de l’une des personnes suivantes:

    a)  un parent proche de l’enfant;

    b)  un parent de l’enfant;

    c)  le conjoint d’un parent de l’enfant.

   41.  The French version of subsection 149 (6) of the Act is repealed and the following substituted:

Adoption par un membre de la famille

   (6)  Si une requête portant sur une ordonnance d’adoption est présentée aux termes du paragraphe 146 (2), le tribunal peut ordonner que les paragraphes (1), (3), (4) et (5) s’appliquent à la requête.

   42.  Subsection 153.6 (1) of the Act is repealed and the following substituted:

Who may enter into openness agreement

   (1)  For the purposes of facilitating communication or maintaining relationships, an openness agreement may be made by an adoptive parent of a child or by a person with whom a society or licensee has placed or plans to place a child for adoption and any of the following persons:

    1.  A surrendering parent.

    2.  A person referred to in clause (a.1) of the definition of “openness order” in subsection 136 (1).

    3.  A person referred to in clause (a.2) or (a.3) of the definition of “openness order” in subsection 136 (1), as the case may be.

    4.  A foster parent of the child or another person who cared for the child or in whose custody the child was placed at any time.

    5.  A member of the child’s extended family or community with whom the child has a significant relationship or emotional tie.

    6.  In relation to a person referred to in clause (a.1) of the definition of “openness order” in subsection 136 (1),

            i.  an adoptive parent of that person, or

           ii.  a person with whom a society or licensee has placed or plans to place that person for adoption.

    7.  If the child is an Indian or native person, a member of the child’s band or native community who may not have had a significant relationship or emotional tie with the child in the past but will help the child recognize the importance of his or her Indian or native culture and preserve his or her heritage, traditions and cultural identity.

   43.  Section 160 of the Act is repealed and the following substituted:

No order for access by surrendering parent, etc.

   160.  (1)  Where an order for the adoption of a child has been made under this Part, no court shall make an order under this Part for access to the child by,

  (a)  a surrendering parent; or

  (b)  a member of a surrendering parent’s family.

Definition

   (2)  In this section,

“surrendering parent” has the same meaning as in subsection 136 (1).

   44.  Clause 220 (1) (a.2) of the Act is repealed and the following substituted:

(a.2) prescribing criteria for the purposes of the definition of “surrendering parent” in subsection 136 (1).

Commencement and Short Title

Commencement

   45.  This Act comes into force six months after the day it receives Royal Assent.

Short title

   46.  The short title of this Act is Cy and Ruby’s Act (Parental Recognition), 2015.

 

EXPLANATORY NOTE

Currently, subsection 1 (1) of the Children’s Law Reform Act states that for all purposes of the law of Ontario, the “natural parents” of a child are the child’s parents. That provision is repealed and in its place, the Bill requires parentage to be determined in accordance with rules set out in Part II of the Act that address various possible arrangements under which persons choose to parent a child. These include the following: rules respecting persons who provide human reproductive material or an embryo for the assisted reproduction of a child; and rules respecting persons who enter into agreements respecting parentage, whether the birth of the child is as a result of assisted reproduction or not.

Other amendments to the Act include providing that the determination of a biological or genetic relationship between a person and a child on the basis of an ancestry test is not determinative of parentage.

Subsection 9 (1) of the Vital Statistics Act is amended to replace the reference to “the mother and the father” as persons who certify the birth of a child with “the parents”. Other amendments to the Act provide for circumstances in which a child may have more than two parents.

Various consequential amendments are also made to both the Children’s Law Reform Act, the Vital Statistics Act and other Acts.

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