Canadian province says child can have 2 moms

CANADA: A five-year-old Canadian boy can have two mothers and a father, an Ontario court ruled this week in a landmark case that redefines the meaning of family and examines the rights of parents in same-sex relationships.

In a ruling released on Tuesday, the Ontario Court of Appeal said the female partner of the child's biological mother could be legally recognized as the boy's third parent.

The biological father, named on the boy's birth certificate, is a friend of both women and is taking an active role in the child's life.

"It is contrary to (the child's) best interests that he is deprived of the legal recognition of the parentage of one of his mothers," Justice Marc Rosenberg wrote in the ruling, which did not name the three parents or the child.

"Perhaps one of the greatest fears faced by lesbian mothers is the death of the birth mother... Without a declaration of parentage or some other order, the surviving partner would be unable to make decisions for their minor child."

The two women, who have been together since 1990, told the court they did not want to adopt the child because it meant the father would lose his status as a parent.

"It's an important precedent because the legislature has not kept the legislation up to date," said Peter Jervis, one of the lawyers for the applicant, referred to only as "A.A."

"The court has basically said that it would step in to recognize this woman as the mother of her child ... and would treat her equally," said Jervis.

He added that the court found the family to be a very loving one and that A.A. had met all the criteria of being a loving mother.

Toronto, Thursday, Reuters