Foreign-born children whose Canadian parents are not biologically related to them ( i.e LGBTQ2+ Couples) now have equal rights to citizenship as children birthed by Canadians.
Prior to the Superior Court of Quebec’s ruling today, July 9, the Citizenship Act only legally allow for foreign-born children to be recognized as citizens if they shared a genetic link to a Canadian parent.
This archaic definition of “parent” made it hard for the children of LGBTQ2+ couples and couples with fertility complications to acquire Canadian citizenship status.
The change was championed by Elsje van der Ven and Laurence Caron, a same-sex couple whose son, Benjamin, was initially denied citizenship of Canada.
Caron, who is Canadian, could not acquire citizenship for her son because her wife, van der Ven, who is a Dutch, is his biological mother. Since van der Ven is not Canadian, Benjamin was not recognized under the law as having a Canadian parent even if Caron was also his mom, emotionally and legally.
Radio Canada reported that Caron later gave birth to a daughter who was automatically granted Canadian citizenship, further obliterating the absurdity of the legal loopholes since in Caron’s eyes they were both equally her children.
The couple then went through the court to seek a solution so that parents or couples who use assisted human reproduction can be considered equal to biological parent in citizenship law.
“This is a remarkable change for us. Benjamin now has right to citizenship and a Canadian passport,” Laurence Caron said. “This will ease our travels, and grant us the opportunity to come to Canada if the opportunity comes. More importantly, it is also a recognition of my role as a mother to Benjamin and a recognition of my family as having the equal rights as all families.”
Canada’s immigration ministry (IRCC) boasted the victory in a media release.
“I am very excited to announce this historic and positive declaration made by the Superior Court of Quebec,” read a quote attributed to Canada minister for immigration Marco Mendicino, “Canadian LGBTQ2+ families and parents experiencing fertility issues have waited too long for this historic day to come.”