Parenting

Trans people in British Columbia have:

• The right to preserve our genetic material to have a genetically-related child at a later time.

• Some gender-affirming treatments may impact a person’s ability to have a genetically-related child. We can freeze some of our sperm or eggs before gender-affirming surgeries and later conceive a child through assisted reproductive technology (ART), with the help of a fertility clinic. This process is quite expensive.

• The right to access ART and fertility services without discrimination, whether we are using frozen genetic material or not.

• The right to be the legal parent of a child and listed on a child’s birth certificate if we are one of their ‘legal parents’

• It is crucial to get legal advice before you get pregnant. The law in BC has specific requirements that must be followed before pregnancy in order for the intended parent(s) to be the legal parent(s) of a child.

• In BC, it is possible to have up to five legal parents.

• The right to be a foster parent.

• Every foster parent must undergo a home-study assessment. This includes a medical assessment, criminal record check, and multiple interviews with a social worker to determine your ability to respond to a child’s physical, emotional, and cultural needs. You will also need three references who can say why you would be a good foster parent. One of these must be a relative.

• While there is no legal reason that a trans person cannot be a foster parent, the social workers who ultimately decide who gets to become a foster parent have a lot of discretion. You may need to help educate the individual who is doing your home-study if they have inaccurate beliefs about trans people. You should also be aware that if you are living stealth and have not changed your identity documents, there is a risk that you could be outed by the home study process.

• The right to adopt Adoption procedures may allow birth parents and guardians to approve or prevent an adoption.

• You may be interested in adopting a child who is in government care, a child whose parents have decided to give the child up for adoption, a child in another country, or the child of a relative.

• You can adopt a child on your own or with a partner.

• Most (but not all) adoptions will require a home-study assessment to ensure that the prospective parents are able to meet the needs of a child. This includes a medical assessment, criminal record check, and multiple interviews with a social worker to determine your ability to respond to a child’s physical, emotional, and cultural needs. You will also need three references who can say why you would be a good adoptive parent. One of these must be a relative.

• While there is no legal reason why a transgender person cannot adopt a child, some of the requirements for adoption may allow discriminatory attitudes to prevent an adoption. For example, the consent of the child (if the child is 12 years old or older), the child’s parents, and the child’s guardians is required before an adoption of a child who is not in care can take place. There is no law stopping people from refusing to consent to an adoption because the prospective parent is trans. As a result, some trans people may find it more difficult to obtain the necessary consents to adopt a child directly from the child’s biological parents. It may be easier to adopt a child who is in government care after the death or disappearance of the birth parents, a child who is older, or a child who has special needs.

• A licensed adoption agency or social worker can help you explore your options.

• The right to the same child parenting rights (previously known as custody rights) as people who are not trans. When a judge is deciding who will get parenting rights, the decision is made on the basis of ‘the best interests of the child’. That said, there is always the risk of running into a transphobic judge who will find a reason to give more parenting rights to the non-trans parent. See below for steps you can take to protect yourself.