Regulating the Queer Family: The Assisted Human Reproduction Act

Angela Cameron, "Regulating the Queer Family: The Assisted Human Reproduction Act" (2008), 24 Canadian Journal of Family Law 101.

15 Pages Posted: 15 May 2013

See all articles by Angela Cameron

Angela Cameron

University of Ottawa - Common Law Section

Date Written: 2008

Abstract

The recent Alberta Court of Appeal Case in D.W.H v D.J.R. ("D.W.H") marks the latest in a series of Canadian judicial decisions regulating the legal definition of family, and the rights of queer parents and sperm donors. While recent provincial jurisprudence and legislation for the most part expands the legal recognition of queer families, the ability to form some of the most prevalent forms of queer families is now restricted by new federal legislation governing reproductive technologies, the Assisted Human Reproduction Act ("Act"). Queer families use reproductive technologies extensively, and the parents discussed in D.W.H., would now encounter serious difficulties under the Act in legally conceiving the child who is the subject of this case. While courts across the country deliberate over who exactly is a parent, with what rights, and in what context, the queer family forms they are scrutinizing are arguably being regulated out of existence.

In this case comment I will first discuss D.W.H in relation to recent legislative and jurisprudential trends in Canadian family law. I then go on to discuss the larger legislative context in which this case law is being developed: in particular, the ways that queer family forms may be impacted by the Act.

Keywords: D.W.H v D.J.R, family, legal definition of family, rights of queer parents, rights of sperm donors, governing reproductive technologies, Assisted Human Reproduction Act, parent, rights, Canadian family law

Suggested Citation

Cameron, Angela, Regulating the Queer Family: The Assisted Human Reproduction Act (2008). Angela Cameron, "Regulating the Queer Family: The Assisted Human Reproduction Act" (2008), 24 Canadian Journal of Family Law 101., Available at SSRN: https://ssrn.com/abstract=2264757

Angela Cameron (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
130
Abstract Views
838
Rank
347,060
PlumX Metrics