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Courses/Personal, Property & Family Law/Family Law

Parentage, Equality & Family Identity: New Constitutional and Human-Rights Realities for 2026

Navigating the legal complexities of assisted reproduction, multi-parent families, and evolving constitutional rights.

Created byCanadian Bar Association
BeginnerUpdated Sep 26, 2026
Parentage, Equality & Family Identity: New Constitutional and Human-Rights Realities for 2026

What You'll Learn

check_circleAnalyze the interplay between federal Assisted Human Reproduction Act regulations and provincial parentage legislation.
check_circleEvaluate the legal risks associated with embryo disposition and consent upon relationship breakdown.
check_circleApply best practices for drafting preconception agreements in diverse family configurations.
check_circleAssess the constitutional implications of current parentage laws regarding multi-parent and non-traditional families.

About This Course

Parentage and family identity law in Canada is rapidly shifting as equality claims, assisted reproduction, and diverse family structures reshape what legal recognition looks like. Your clients — especially LGBTQ+ and gender-diverse families — need guidance that reflects today’s legal landscape, not yesterday’s assumptions.

When you understand how courts and legislatures are expanding (or resisting) new forms of recognition, you can deliver advice that protects rights, supports family integrity, and anticipates where the law is going next. Step into this space equipped with the frameworks and insights that modern family practice demands.

Ensure you deliver the best client advice by bolstering your ability to:

  • Interpret the latest developments in parentage, donor conception, and surrogacy law across Canada with clarity and confidence.
  • Apply equality-based Charter reasoning to broaden recognition and protect identity-related rights in parentage matters.
  • Navigate the needs of LGBTQ+ and gender-diverse families with legal guidance that reflects emerging jurisprudence and social realities.
  • Draft or review parentage and reproduction-related agreements with full awareness of constitutional, privacy, and human-rights considerations.
  • Anticipate legal challenges and opportunities tied to recognition, identity, and evolving definitions of family.

Your Instructors

Canadian Bar Association
Canadian Bar Association
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The CBA is a professional organization that provides educational and networking opportunities for lawyers. Representing more than 36,000 lawyers, judges, notaries, law teachers, and law students from across Canada, the CBA is committed to enhancing the professional and commercial interests of a diverse membership and to protecting the independence of the judiciary and the Bar.

Sara  R. Cohen, LL.B.
Sara R. Cohen, LL.B.

Founder of Fertility Law Canada and Partner at D2Law PC

Sara R. Cohen, LL.B. is a fertility law lawyer based in Toronto, but with clients throughout Canada and beyond. Sara is the founder of Fertility Law Canada and a partner at D2Law LLP where her practice is exclusively devoted to fertility law. She approaches fertility law with the compassion, empathy and respect it deserves. After honing her skills in the commercial litigation group at one of Canada's preeminent national firms on Bay Street, Sara made the leap and translated her passion into a career. Sara regularly acts on behalf of intended parents, surrogate mothers, egg donors, sperm donors, embryo donors, and other people involved with reproductive technologies. Sara is frequently before the Ontario courts in obtaining declarations of parentage and non-parentage on behalf of intended parents, both Canadian and international. She also provides legal advice to domestic and international fertility clinics, hospitals, cryobanks and businesses in the fertility industry. Sara's passion is to help build families, and she considers herself very fortunate to have such a fulfilling career. Sara is an adjunct professor of law at Osgoode Hall Law School where she teaches reproductive law, an elected fellow of the Academy of Adoption and Assisted Reproductive Attorneys (AAAA), as well as the only Canadian representative on the Executive Council of the American Bar Association's Family Law Section, ART Committee. She is the Vice President and a Director of the Canadian Fertility and Andrology Society (CFAS), the Past-President of Fertility Matters Canada, and the legal representative on the Medical Ethics Committee at The Fertility Partners. Sara was the co-chair of the first national conferences on fertility law in Canada, and was recently recognized as one of the Top 25 Most Influential Lawyers in Canada. Sara is also a long-term Director of Canadian Friends of Haifa University.

Kelly  D. Jordan
Kelly D. Jordan

Founding Partner at Kelly D. Jordan Family Law

Kelly Jordan leads by example. Her vast family law experience, her creative approach to legal strategy, and her compassion towards the families she represents have all made her a renowned and dependable name in the field of family law in Ontario and across Canada. Kelly is a recognized specialist in all areas of family law. These areas include cohabitation and marriage agreements, adoption, fertility and assisted reproduction, separation and divorce. Kelly has practised in Toronto in the areas of family law, wills and estate planning, and assisted reproductive technologies for over three decades. She is the former Chair of the Canadian Bar Association and the Ontario Bar Association Family Law Sections. Kelly is a past member of The American Academy of Assisted Reproductive Technology Attorneys (AAARTA), is certified by the Law Society as a specialist in Family Law, and is ranked as a leading Canadian lawyer by Lexpert and Best Lawyers. Kelly is a founding member of The Minerva Group, an association of senior family law lawyers in Toronto who provide timely access to family law mediation, arbitration and litigation management services. Kelly brings an empathetic and innovative approach to conducting mediations, using foundational best practices for both mediation and arbitration, as developed by The Minerva Group.

Michelle  Kinney
Michelle Kinney

Founding Member of Fertility Law BC

As one of the architects of the British Columbia Family Law Act, Michelle has in-depth knowledge of family law. Michelle's practice focuses on "family building," including through assisted reproduction and cohabitation agreements, and "cooperative separation" through mediation and legal coaching so clients can help themselves navigate their family law issues. Michelle received her law degree from the University of Victoria in 2006. She was called to the Bar in British Columbia (BC) in 2007 and called to the Bar in Nunavut in 2020. Michelle is accredited as a Family Law Mediator and a Family Law Arbitrator by the BC Law Society. She is recognized as an expert in her areas of law and is a regular presenter and contributor to a range of education materials on family law, law reform, family violence and fertility law.

Catherine J. Wong
Catherine J. Wong

Family Law Mediator and a Collaborative Lawyer at Daykin Walker Kaderly Wahid LLP

Catherine practices exclusively in the areas of family and fertility law. She is also a Family Law Mediator and a Collaborative Lawyer. Catherine has appeared at all levels of court. She has experience with many unique issues including those in the areas of reproductive technology, adoption, and multi-parent and polyamorous parentage. Catherine was counsel on the first B.C. case where a child was recognized as having three legal parents when conceived without the use of reproductive technology. Catherine works with many diverse communities and is committed to helping her clients transition through life's major changes (marriage, separation, family building) by providing thoughtful and savvy counsel in a safe and empathetic environment. Whether by negotiation, mediation, or litigation, her goal is to help clients make informed decisions and take steps towards true resolution. Catherine graduated from UBC Law in 2007 and was called to the bar in British Columbia in 2008. She spent the first five years of her career practicing criminal law, and has practiced exclusively in family law since 2012. Prior to joining Daykin Walker Kaderly Wahid LLP, Catherine was the co-founder of a local boutique family law firm. Catherine is a regular presenter on family and fertility law matters at seminars hosted by the CBA, CLEBC, TLABC, PBLI, and CFAS. She was the Co-Chair of the Fertility Law Conference hosted by CLEBC. In addition to presenting on family law and fertility law and how the law intersects with non-traditional families, Catherine is consulted on fertility law matters by other family law lawyers in the context of cohabitation, marriage, and separation. Catherine is an active member of her communities and has served on a number of boards and organizations including the City of Vancouver 2SLGBTQIA+ Advisory Committee and was the former board chair of Out on Screen. Catherine is a member of Fertility Law BC, CBA, FACL, and TLABC. She recently served on the Parentage Law Reform Committee through the BC Law Institute.

Credit Information

Professional development requirements vary by profession, country, and regulatory body. Before enrolling, review the course details and confirm that the content, learning format, and any listed credits meet your specific requirements. You are responsible for confirming eligibility with your regulator or professional association and keeping the records required for reporting.

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Frequently Asked Questions

We are a registered provider with 327+ associations and regulatory bodies worldwide. We operate across 29 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.

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