Measuring parentage policy in the Canadian provinces: A comparative framework

This paper develops a framework to measure parentage policy based on the legal barriers faced by intended parents, taking into account eligibility requirements, rules for genetic relationships, and surrogacy contract enforceability. It then applies this framework to the Canadian provinces. While parentage policy in Canada is undoubtedly a patchwork, policy change has moved in an increasingly permissive direction, often as a result of litigation. Moreover, this study provides an opportunity to develop broader research project for comparative scholars of parentage policy. Future studies of parentage policy, building from the framework developed here, should qualitatively examine the role of policy implementers other than legislatures and determine how policy learning and transfer affect parentage policy change. Because parentage policy can provide legal certainty for parents and prevent legal disputes, understanding the factors behind policy change is an endeavour with both theoretical and practical significance.