According to a news release, the Inclusive Yukon Families Act received assent on May 1, thus paving the way for legislative changes to the territory’s Children’s Law Act, its Vital Statistics Act and its Change of Name Act.
The release notes the changes provide “new legal pathways” for families formed through assisted reproduction, surrogacy and “reproductive material donation” (this can include sperm, egg or embryo donation).
The amendments also make it so members of the 2SLGBTQIA+, transgender, nonbinary and gender-nonconforming communities can establish legal parentage “in ways that reflect their lived realities.”
The release further notes that the Inclusive Yukon Families Act “allows parentage to be established through written agreements in the case of surrogacy or when presumption of parentage does not apply.”
It will also make changes to common, everyday titles.
“In addition, the Act amends numerous provisions to replace gendered terms such as mother, father and paternity with gender-neutral terms like parent, person and parentage and introduces inclusive terms such as birth parent.”
The amendments will also remove barriers to “name reclamation” — particularly when it comes to those in Indigenous communities wanting to reclaim their “traditional names.”
“As part of the Government of Yukon’s commitment to reconciliation, the Act eliminates fees associated with reclaiming Indigenous names and supports the future inclusion of traditional characters, diacritics and single-name formats, in alignment with the Truth and Reconciliation Commission [TRC] of Canada’s Call to Action #17,” states the release.
TRC Action 17 calls on governments to allow residential school survivors and their families to reclaim traditional Indigenous names that were changed under the residential school system — and waive costs associated with changing a name on government documents such as birth certificates, passports, health cards and driver’s licences.
Tracy-Anne McPhee, Yukon minister of justice and minister of health and social services
“Every family in the Yukon deserves recognition under the law,” said McPhee in a statement. “The Inclusive Yukon Families Act is an important step forward in our ongoing commitment to building a more just and inclusive society — one where all Yukoners can see their identities, their families and their traditions reflected in our laws.”
Back in February, Yukon’s government released feedback it had received from the public.
The report, titled Inclusive Yukon Families: What We Heard, highlighted “barriers faced by Indigenous communities seeking to reclaim traditional names, 2SLGBTQIA+ families striving for legal recognition and individuals using assisted reproduction or surrogacy to grow their families.”
Also, more than 60 per cent of respondents supported expanding the legal definition of “parent” to include those who are not biologically related to a child — those who used surrogacy or assisted reproduction to become parents, for example.
The consultations took place between February and April 2024 and included an online survey, as well as “targeted in-person discussions.”
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