Canadian Court Says Lesbian Can be Third Parent

(Ottawa) -- The Ontario Court of Appeals has determined a same-sex partner is entitled to the same parental rights as a child's biological parents, the Globe and Mail reported.

The child, a 5 year-old boy, now has three parents: his mother and her partner – with whom he lives – and his father, who visits twice a week.

In its decision, the court also ruled that the Children's Law Reform Act -- drafted in the 1970s to protect the rights of children born out of wedlock -- no longer provides for the best interests of children.

C. Ann Nelson, an attorney and co-author of the act, praised the court for taking and active role in updating legislation.

"I don't think there's much question that those sections (that were challenged) that deal specifically with the declaration of parentage are outdated," she said. "I think it would be preferable for the Ontario government to take a look at this particular legislation -- and all of our family-law legislation -- and ensure that it is up to date and takes into account some of the changes in reproductive technology and some of our social values we have today."

Joseph Ben-Ami, executive director of the Institute for Canadian Values, said Nelson is wrong about the role of the court in legislation. He called the ruling "an act of naked judicial activism."

The decision has far-reaching implications, he said, and paves the way for other adults, including step-parents and grandparents, to seek parental rights.