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Difference between revisions of "Polyamorous Relationships"
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Polyamorous Relationships (view source)
Revision as of 00:55, 28 February 2020
, 00:55, 28 February 2020→Applying family law terminology
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That's really important, because under the ''Family Law Act'', someone who is a "spouse" has the right to ask anyone else who qualifies as that person's "spouse" for spousal support and for the division of property and debt. On top of that, someone who is a ''stepparent'' — defined as the "spouse" of a parent — is a "parent" potentially obliged to pay child support for the benefit of the parent's child. | That's really important, because under the ''Family Law Act'', someone who is a "spouse" has the right to ask anyone else who qualifies as that person's "spouse" for spousal support and for the division of property and debt. On top of that, someone who is a ''stepparent'' — defined as the "spouse" of a parent — is a "parent" potentially obliged to pay child support for the benefit of the parent's child. | ||
The definition of "parent" is still restricted. The parents of a child conceived by natural reproduction are limited to the birth mother and the biological father under section 26 of the ''Family Law Act''. Although for a child conceived by assisted reproduction, the people who sign an assisted reproduction agreement can agree that the child's parents will include: | The definition of "parent" is still restricted. The parents of a child conceived by natural reproduction are limited to the birth mother and the biological father under section 26 of the ''Family Law Act''. Although, for a child conceived by assisted reproduction, the people who sign an assisted reproduction agreement can agree that the child's parents will include: | ||
#one or two people who intend to have the child; | #one or two people who intend to have the child; | ||
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#the "spouse" of a surrogate mother, | #the "spouse" of a surrogate mother, | ||
for a total of six potential parents. These limits are important, as it is a child's ''parents'' who are presumed, in most cases, to be the child's ''guardians'', and it is only ''guardians'' who have parenting responsibilities and parenting time with a child. | for a total of six potential parents who are "parents" for all purposes of the law of British Columbia. These limits are important, as it is a child's ''parents'' who are presumed, in most cases, to be the child's ''guardians'', and it is only ''guardians'' who have parenting responsibilities and parenting time with a child. | ||
However, there's a workaround. While parents cannot make an agreement appointing someone who isn't a parent as a guardian of their child, the court can make orders appointing other people as a child's guardian under section 51 of the ''Family Law Act'', and there are no limits on the number of people who can be appointed as the guardians of a child. | However, there's a workaround. While parents cannot make an agreement appointing someone who isn't a parent as a guardian of their child, the court can make orders appointing other people as a child's guardian under section 51 of the ''Family Law Act'', and there are no limits on the number of people who can be appointed as the guardians of a child. | ||
