The Alberta Law Reform Institute has published a report on whether the estates of individuals who stood in the place of a parent should be obligated to support children.

Get Report for Discussion 34 in our Publications library and let us know what you think at bit.ly/rfd34survey

In Alberta, there are over 34,000 blended families where at least one adult is a stepparent to their spouse or partner’s children. When a blended family separates, a child may apply for support from a stepparent in narrow circumstances. However, where a stepparent in an intact blended family dies, a child in need cannot seek support from their estate. From a child’s perspective, there may be little difference between a parent and stepparent separating and the death of a stepparent. Either way, the child has lost a source of emotional, intellectual, and financial support. This is why there may be a gap in the law for support for children in Alberta.

Is a Stepparent Automatically an Individual Standing in the Place of a Parent?
As noted, a stepparent only has an obligation to support a stepchild in narrow circumstances. The legal test is described as standing in the place of parent, which depends on many factors. For example, it takes a lot more than just being a stepparent to be found to be an individual standing in the place of a parent. When a person is an individual standing in the place of a parent, does it make sense that they may have an obligation to support a child after family breakup, but not after death in an intact family?

National Child Day
Looking at this gap is even more relevant on National Child Day. On November 20, 1989, the United Nations adopted the Convention on the Rights of the Child [the Convention]. The Convention, which Canada ratified, makes the best interests of the child the primary consideration in all matters concerning children. Does the law support the best interests of children in Alberta?

Best Interests of the Child
More avenues for providing support for a child will be in that child’s best interest. In Theriault v Theriault the Court of Appeal held at paragraph 13 that is not in the best interests of children that stepparents or natural parents be permitted to abandon their children, and it is their best interests that should govern.

Have your Say!
The Alberta Law Reform Institute has published a report to inform discussion on whether the law should be changed or stay as is. You can access our report, a short video summary and give us your views at bit.ly/rfd34survey.