Same-Sex Couples Are Equal

Author(s): Melanie A. Larock

June 28, 2024


Ontario was one of the first jurisdictions in the world to legally recognize same-sex marriage. In 2005, the legalization of same-sex marriage was extended to all provinces across Canada. Married same-sex couples are equally entitled to apply for a divorce under the Divorce Act. They are also equally entitled to the same property rights under the Family Law Act in Ontario as opposite-sex married spouses.

The law of spousal support and child support in Ontario does not depend on the gender or sexual orientation of the spouse or parent. Both biological and non-biological parents in same-sex relationships can receive legal recognition as parents and equal parenting rights. The All Families Are Equal Act in Ontario recognizes the parental rights of same-sex couples who have children through assisted reproductive technologies or surrogacy. The Courts prioritize the best interests of the child, regardless of the parent’s gender or sexual orientation.

Pride Month is a time to honour the journey toward equality and acceptance. It is also a reminder that family law must continue to evolve to ensure equality, inclusivity, and respect for diverse family structures.

At Thomson Rogers, our family law lawyers understand that every family is unique and we provide advice and guidance with respect to same-sex family law matters.


Melanie Larock is a family law litigator and a partner in Thomson Rogers’ Family Law group. Melanie’s focus is on all areas of family law, with a particular emphasis on complex financial issues and high-conflict parenting disputes. Melanie was trained by an illustrious litigator, and she is a self-proclaimed evidence law nerd.

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