December 2, 2021
Manitoba Government Proclaims Legislation That Provides Legal Recognition Of Intended Parents
– – –Legislation balances rights of intended parents, surrogates and the child: Friesen
The Manitoba government has proclaimed the Family Maintenance Amendment Act that clarifies parentage for children conceived through assisted reproduction with or without surrogacy, Justice Minister Cameron Friesen announced today.
“These parentage provisions are critical to safeguard the rights of children and ensure legal recognition of the intended parents who will have legal rights and responsibilities respecting their child,” said Friesen. “The provisions respecting surrogacy provide a clear path as to what will happen upon the child’s birth and who has parental rights and responsibilities.”
The legislative changes were developed following a 2020 court decision on the constitutionality of parentage provisions of The Family Maintenance Act and include:
- requirements for a pre-conception surrogacy agreement;
- processes for surrendering the child to the intended parents; and
- an expedited process to obtain a court order declaring the intended parent(s)
The minister noted these changes bring Manitoba in line with other provinces, which have all updated their parentage law to deal with assisted reproduction, including Ontario, Saskatchewan, Alberta, British Columbia, Nova Scotia and Prince Edward Island. The new legislation will take effect immediately.
For more information on the Family Law Modernization Action Plan, visit www.gov.mb.ca/familylaw/documents/flm_action_plan_eng.pdf.
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