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New forms of regulation of the family in Canada and Quebec: avant-gardism and marginalization

Marie-Blanche Tahon

This text describes new Canadian and Quebec legislation as regards civil marriage and filiation. It focuses primarily on Quebec law, which has introduced a new system, that of original bimaternal filiation. However, it does not make room for original bi-paternal filiation since the Civil Code (Art. 541) specifies that: « Any agreement whereby a woman undertakes to procreate or carry a child for another person is absolutely null. » In other words Quebec law creates a state of inequality as concerns male and female homosexuals. When it implemented the new rules of filiation, it avoided the question of multiparentality, which now affects nine out of ten homoparental families and more and more heterosexual families. A fundamental revision of family law with a comprehensive perspective now needs to be undertaken.