SAME-SEX FAMILY LAW

Ontario has been at the forefront of recognizing and protecting the rights of same-sex couples and families. Same-sex family law in Ontario is founded on principles of equality, inclusivity, and respect for diverse family structures. The legal framework ensures that same-sex couples and their children have the same rights and protections as opposite-sex couples.

MARRIAGE EQUALITY

Since 2003, same-sex marriage has been legally recognized in Ontario, making it one of the first jurisdictions in the world to achieve marriage equality. Same-sex couples can marry and enjoy the same legal rights and responsibilities as heterosexual couples.

PARENTAL RIGHTS AND RESPONSIBILITIES

Same-sex couples who have children through various means, such as adoption, assisted reproductive technologies, or surrogacy, have equal parental rights and responsibilities. Both parents, regardless of gender, are recognized as legal parents and have the same obligations and entitlements to their children.

CHILD CUSTODY AND SUPPORT

Same-sex couples have the same rights and obligations as opposite-sex couples when it comes to child custody and support arrangements. The courts prioritize the best interests of the child, regardless of the parents' sexual orientation.

FAMILY LAW AND BREAKDOWN OF RELATIONSHIP

The legal process for the dissolution of same-sex marriages or common-law relationships is the same as for opposite-sex couples. Ontario family law ensures that property division, spousal support, and child custody matters are handled fairly and equitably, regardless of the gender or sexual orientation of the individuals involved.

LEGAL PROTECTIONS AGAINST DISCRIMINATION

Ontario's Human Rights Code prohibits discrimination based on sexual orientation and gender identity in various aspects of life, including housing, employment, and services. This protection extends to all family members, ensuring that same-sex couples and their children are not subject to discrimination.

PARENTAL DECLARATION

Ontario provides mechanisms for both biological and non-biological parents in same-sex couples to legally establish their parentage. This process ensures that all parents have legal recognition and rights concerning their children.

In 2005, the legalization of same-sex marriage was extended to encompass all provinces across Canada. If you have participated in a legal marriage within Canada, it is imperative to undergo a legal separation and divorce process should you intend to re-marry.

Same-sex divorce within Canada under Bill C-32 is now permissible under the following conditions:

• The marriage transpired within Canada. 

• The couple's primary residence is located in a jurisdiction that does not recognize same-sex marriage. 

• The couple has undergone a separation spanning at least 12 months.

Our legal team possesses substantial expertise in safeguarding your rights and assets in scenarios involving separation or divorce for same-sex couples.