Simon Jolin-Barrette should have used his family law reform to write multiple parenthood fully into the civil code, says the Coalition of LGBT+ Families. The elected CAQ insists and signs: A family consists of two parents, no more.
The Attorney General unveiled a new bill on Thursday that would revise Quebec’s descent rights and call for surrogate mothers. This follows on from Bill 2 presented during the last CAQ mandate, which could not be fully adopted before the dissolution of the National Assembly.
Despite the presentation of this new piece of legislation, however, the elected representative of the Coalition avenir Québec has again said no to the reality of certain families that do not conform to the traditional model being incorporated into Québec law. “Two spouses [forment] the parental project, ”we can read in the bill 12 presented on Thursday.
However, it is a long-standing request from the LGBT+ Family Coalition that Quebec’s Civil Code recognize the reality of “multi-parent families” — three people, including a biological mother, raising a child together, for example. The organization also filed a motion with the Supreme Court last week “to allow families with more than two parents to be legally recognized in Quebec.”
“A Choice of Society”
Asked Thursday about the lack of the concept of multiple parenthood in his new bill, Mr Jolin-Barrette ruled. “We, it’s quite clear that we [l’]excludes. There is no study showing that having more than two parents is good for children’s interests,” he said during a news conference in Quebec.
According to LGBT+ Family Coalition executive director Mona Greenbaum, the minister’s position directly contradicts his own claims. “At the beginning of his press conference, he said that family law must reflect families in Quebec. But there’s a kind of family that’s not reflected at all,” she said in an interview with Le Devoir.
Simon Jolin-Barrette doesn’t flinch. Quebec, he says, made “a societal choice.” “We choose to ensure that parental authority is shared between only two parents,” he reiterated Thursday.
Words that do not surprise Ms. Greenbaum. “He keeps having the same speech,” she lamented. “There are families with more than two parents. It is not at all in the best interest of the child if one of the parents has no obligations and no rights. »
Protection for children from rape
Bill 12, tabled Thursday, borrows much of Bill 2, which Mr. Jolin-Barrette developed during the last legislative session. Among other things, it provides for recognizing the use of pregnancy for others and encouraging those involved to sign notarized contracts before beginning the process. Currently, any contract between a couple and a surrogate is illegal by law. The agreement between the mother and the intended parents can therefore be broken at any time without consequences.
In addition to the surrogate mothers component, Mr. Jolin-Barrette adds a new aspect to his comprehensive family law reform.
If passed, Law 12 will allow children born of rape to sever the lineage tie with their parent-aggressor. You can still receive compensation determined by the court to “contribute to satisfaction [à leurs] needs”. They also retain their testamentary rights, despite the lack of parental ties in the eyes of the state.
The government estimates that about 170 children are born to rape in Quebec each year.
“We are ending the ability for a sexual attacker to force a determination of his paternity with the child,” Mr. Jolin-Barrette summarized at a news conference on Thursday. “A mother who has experienced such a traumatic event should not live with the fear that one day her attacker will try to gain rights over her child. »
Furthermore, it is not mandatory for the parent-aggressor to be convicted of a felony in order for their child to break the parentage bond. The rape victim is more likely to turn to the civilian, “where the burden of proof is much lighter,” emphasized the minister caquiste.
“I’ll give you an example: Mr. applies for paternity. He was not found guilty, Madame had not pressed charges. Madame will be able to say, “I refuse the parentage claim because I was raped.” And the evidence will be brought in court at that point, but within the framework of a civil trial where the burden of proof is lighter,” he continued.
Simon Jolin-Barrette’s family law reform must be the subject of another bill, this time affecting marriage law. The minister still intends to present it during this term, he said on Thursday. “It is my wish. »