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Informal surrogacy fails statutory parentage test, but intended parents granted primary residence in child's best interests.
The applicants, a same-sex couple, sought a declaration of parentage and primary residence of a child born to the respondents.
The parties had an informal agreement that the applicants would raise the child, but the respondents sought the child's return after four months.
The court found that the statutory requirements for a declaration of parentage under s. 13 of the Children's Law Reform Act were not met, as there was no pre-conception intent for all four parties to be parents.
However, applying the best interests of the child test, the court granted the applicants primary residence and sole decision-making responsibility, with gradually increasing parenting time for the respondents.
In-person parenting time ordered to resume; COVID-19 pandemic alone does not justify unilateral suspension of access.
The applicant father brought an urgent motion to resume his in-person parenting time, which the respondent mother had unilaterally suspended due to concerns about the COVID-19 pandemic and their child's asthma.
The court found the motion urgent and held that the pandemic alone is not a reason to suspend access where appropriate precautions are taken.
Finding no evidence that the children's safety would be compromised, the court ordered the immediate resumption of the applicant's in-person parenting time in accordance with existing orders.
