ST. JOHNS, N.L. — A Canadian judge has ruled that two men who are involved in a polyamorous relationship with a woman who gave birth last year should both be recognized as the child’s parents on his birth certificate.
“Society is continuously changing and family structures are changing along with it,” wrote Justice Robert Fowler of the Newfoundland and Labrador Supreme Court’s family division. “This must be recognized as a reality and not as a detriment to the best interests of the child.”
He said that it would not be in the child’s best interests to deny parental recognition to both men, stating that when lawmakers passed the Children’s Law Act of 1997, which only allows two parents to be named on a birth certificate, they didn’t take into consideration the “now complex family relationships that are common and accepted in our society.”
“I can find nothing to disparage that relationship from the best interests of the child’s point of view,” Fowler wrote. “To deny this child the dual paternal parentage would not be in his best interests.”
According to reports, the two men, whose identities have not been made public, sought to have both of their names written on the child’s birth certificate last year following his birth. However, Servicenl denied their request, pointing to Canadian law.
The matter was consequently taken to court, and Fowler sided with the men, opining that the threesome appeared to provide a stable, safe and nurturing environment for the child. It is not yet known which of the two men is the biological father.
“[T]o deny the recognition of fatherhood (parentage) by the applicants would deprive the child of having a legal paternal heritage with all the rights and privileges associated with that designation,” Fowler wrote.
In Canada, while bigamy/polygamy—being married to more than one person—is illegal, polyamory is not as those in the relationship are unmarried.
While some have applauded Fowler’s decision, stating that they are “thrilled to see our province as a pioneer in the field of polyamory,” others have expressed concern over the development.
Ken Ham of Answers in Genesis remarked on social media that Fowler’s logic is simply social Darwinism.
“Naturalistic evolution = ultimately anything goes. The result? Moral relativism is permeating the culture. A culture in rebellion against God,” he wrote.
“Yes, it’s a detriment to the child because there’s only one definition of a true family when God created this institution with one man one woman (Genesis 1&2),” Ham said.
“The ‘best interests of the child’ are when they’re taught the truth God created them, they’re made in God’s image and very special, and they have a sin nature so God provided a free gift of salvation for them in God’s Son Jesus who died and rose from the dead.”