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UN/RELATED

DISCRIMINATION IN POSTHUMOUS CONCEPTION FOR LGBTQ+ FAMILIES IN CANADA

Authors

  • Laura Cárdenas IMK LLP

Keywords:

Discrimination, Equality, Human Rights, Charter of Rights and Freedoms, LGBTQ Rights, Family Status, Posthumously-conceived children, Law Reform, Family law, Health law, Reproductive law, Genetics

Abstract

Thanks to assisted reproductive technologies, a child may now be conceived after the death of one of their intended parents. This article argues that the laws regulating the parentage of posthumously-conceived children include three requirements that adversely impact LGBTQ+ families and perpetuate historical disadvantages and stereotypes against them. Pursuant to an analysis of section 15 of the Canadian Charter of Rights and Freedoms, these requirements constitute prima facie discrimination on the grounds of
sex, sexual orientation, gender modality, and family status. As only three provinces have legislated on this matter, this article calls on the others to implement more inclusive legislation.

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Published

2021-09-02

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