Two’s Company, Three’s a Legal Precedent: Multi-Parent Issues Panel

Jenny Johnston and Erin Lapin explore the complex landscape of multi‑parent issues in Ontario family law. They examine how different people, such as grandparents, stepparents, donors and intended parents, can seek court orders under the CLRA and the Divorce Act, each carrying its own legal test and lasting effects. Recent case law clarifies the threshold for grandparent contact, the settled intention test for stepparents and the tension between parental autonomy and best interests in parenting and contact orders. 

Legal parentage reforms introduced by the All Families Are Equal Act are central to the discussion. Rebuttable presumptions, preconception agreements and declarations of parentage or non‑parentage now define who can become a legal parent, regardless of the number of parties involved. Adoption orders remain limited to two spouses, which leaves declarations of parentage as the path for multi‑parent families formed through assisted reproduction or polyamorous relationships. Practical case studies expose planning pitfalls, jurisdictional constraints and the need for careful legal advice for clients with diverse family structures.