Can Johnny have two mommies and a dad?
Lorna Dueck – Friday September 29, 2006
From Friday's Globe and Mail
The
first impulse is to say "impossible" when you realize Canada's Charter
of Rights is being used to argue for giving children more than two
parents. If we give legal protection to a three-parent unit, why not
one of four, six or eight members?
Is this a way to deal with the heartache of divorced parents who'd just
love their new spouse to finally be a legal parent? Perhaps this is
just the ticket to argue your mother-in-law can have the role in
raising the kids she's always wanted.
Or maybe the "Three Parent Case," argued this week before an Ontario
court is just about removing the stigma and fears that gay parents and
their children will be discriminated against because their biology
always means a third party must be involved in creating their children.
Parenting currently stands on equality grounds since no matter what
type of relationship you're in, your child can only have two legal
parents. Socially, the child can have a village for its care, but
legally our values are more restrictive. If you're a heterosexual
couple who needed reproductive technology to conceive, the surrogate or
sperm or egg donor is not also a legal parent. If you adopt a child,
some third party has given up their right to parent that child. If
you're divorced and have a new family, the children you care for can
only have two declared parents, and if you're a gay couple, two mothers
or two fathers can both be legal parents.
But a smart trio from London, Ont., is arguing that's discriminatory
because it forces two lesbians to choose whether they both, or one of
them and the child's father, would be the legal parents. A.A., and
C.C., a lawyer and a professor, have been in a conjugal relation for 16
years and in 1999 decided a male professor friend of theirs, known to
the court as B.B., could help C.C. get pregnant and now their
five-year-old son, D.D. is the groundbreaking case that could change
family law as Canada knows it.
The lesbians decided not to exclude B.B., the biological father from
D.D.'s life, having him in for dinner every Thursday night, and having
D.D. spend every other weekend at the father's home. A.A.'s lawyer,
Peter Jervis, framed his argument in terms of adult rights, saying
adoption isn't acceptable because the desire to have the father be a
parent would be lost.
We're not told what D.D. thinks of all this, other than to know he's
thriving and deeply cared for by this trio, who supported his interests
with testimony from a 13- year-old child of lesbian parents who told of
the embarrassment, worry and fear of not being able to call both her
mothers "mother" in public processes of health care, and citizenship.
Another London resident, Dawn Stefanowicz, raised by a mother and gay
father who, since her infancy, had three of his male partners join her
family unit, watched the case with worry, saying "from my own
experience, as adult children, we don't want this, it's treating
children like a commodity."
So goes the complicated challenges the Ontario Court of Appeal must now deliberate over.
Why have court arguments against this redefinition of parentage come
from Christian activist groups? The Alliance for Marriage and Family
was the sole intervenor to caution the court that this issue is of such
gravity that only Ontario's parliament can best determine its outcome,
and changing such legalities for a child should only be done by a
legislative process debating public good and the best interests of
children.
This is not a battle about what the church is against but rather, what
it is for: a child-centred approach to changing the number of parents a
child can have under the Children's Law Reform Act. Family is the
primary portal for soul-shaping and vast numbers go to God for things
that the human family cannot touch. When Christians sponsor a legal
team to be in court on such a case it is not done because, as the
Applicant stated, we "just don't get it," it is because experience
tells us the soul of children is so vulnerable, the nature of family so
volatile, that any discussions on parentage should not be left only to
the legal grounds of what is possible under the Charter of Rights.
I do believe D.D. is deeply cared for by his trio of parents, but since
not everyone has the life-long harmony that A.A., B.B. and C.C.
exhibit, it's only fair to bring wider insights on human nature into
this debate.
Lorna Dueck is the host of Listen Up
TV, a spiritual perspective on current events seen Sundays on Global
TV, and weekly on CTS, Salt and Light TV, and Christian Channel TV.
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