The Power of Three (or More): Rethinking Parenthood in BC Law

Understanding the Legal Framework

In the estates and family law context, defining who qualifies as a “child” or “parent” is not always straightforward. In British Columbia, the general rules of parentage begin with two key principles:

1. where children are conceived through sexual intercourse, the parents are the birth mother and the biological father (there are some nuances to the latter); and

2. where children are conceived through assisted reproduction:

a. a donor is not necessarily a parent; and

b. where surrogacy is involved, the birth mother is the parent and the scope of parentage can be addressed through an agreement — resulting in two or more legal parents.

Expanding the Definition: Polyamorous Families

Historically, the law did not account for children within polyamorous relationships, which was address in 2021 when the BC Supreme Court held that legal parentage could extend beyond the general structures. Specifically, the Court ordered that three people in a polyamorous relationship should be registered as the parents of a young child, including the non-biological parent.

In that case, three individuals had been living together in a polyamorous relationship since 2017, and welcomed their first child in 2018 by way sexual intercourse. The two biological parents were registered on the child’s birth certificate. The three parents brought a petition for a declaration that the non-biological parent, was a third legal parent and the child’s birth registration should be adjusted accordingly.

The Court found that under the Family Law Act, they were unable to make a declaration as to parentage, which allows the court to declare a person a parent where there is dispute or uncertainty. Because the child was conceived through sexual intercourse and the biological parents were known, there existed no such uncertainty.

However, the Court found that this was an instance to exercise their parens patriae jurisdiction, which provides the Court with broad discretion to fill gaps in the legislation arising from changing social conditions. The legislature had not foreseen that a child could have at the same time been conceived through sexual intercourse and have three parents. Most importantly, the Court recognized that designating the non-biological parent as a guardian would be a poor substitute for recognizing parental status.

Here, the child and three parents were a family, and it was clear from the evidence provided by family and friends that all three adults in the relationship played the same role in the child’s life; there was no meaningful distinction to be made for the biological parents vs. non-biological parent.

Why It Matters

There are two pivotal consequences of this decision:

1. Legal and financial obligations: The third parent became legally responsible for the child’s care and support.

2. Legal clarity and protection: The child and all three parents received full legal recognition of their relationship—critical for matters like international travel, education, and medical decision-making.

Parentage status can impact inheritance and guardianship rights in the event of a parent’s passing. As family dynamics evolve, so does the law on what constitutes a family.

If you’re navigating complex family structures or need guidance on how parentage may affect your estate plan, connect with a member of our Wills, Trusts & Estates team.