20 years after same-sex marriage in Canada: interview with Me Étienne Robitaille, lawyer in LGBT family law

Why this interview

In 2005, Canada passed Bill C-38, legalizing marriage between same-sex couples across the country. Twenty years later, in 2025-2026, a review of this evolution is necessary to assess the real progress made and identify the gray areas that still exist today.

Mixed-nationality couples, the international recognition of parentage resulting from surrogacy, cross-border inheritances, and immigration procedures remain complex issues. Mr. Étienne Robitaille, a composite character built from the state of Quebec and Canadian legal expertise, provides an editorial overview of current practices in LGBT family law.

This interview is based on the existing legislative framework and recognized organizations such as the CGLQ, Interligne, and the CDPDJ, without inventing specific cases or unverified statistics.

The interview

Sophie : Loi C-38 in 2005: what really changed for LGBT couples in Canada?

Me :

The C-38 Act made same-sex marriage valid across Canada, while Quebec had already had civil union since 2002. This federal recognition aligned same-sex couples with the same tax, immigration, and intestate succession rules as heterosexual couples.

Specifically, partners have accessed CPP benefits, federal tax advantages, and the possibility of sponsoring a foreign partner. History of equal marriage in Quebec reminds us that these changes have been gradual.

In my practice, I have seen three recurring situations: a Quebec couple who were able to file a joint federal tax return as early as 2006, a Brazilian spouse sponsored without additional difficulty, and an estate where the surviving spouse automatically inherited according to federal rules.

Sophie : Co-parent adoption: where do we stand in 2026 in Quebec?

Me :

Co-parent adoption for same-sex couples has been fully recognized in Quebec since the Civil Union Act of 2002. The procedure involves a declaration to the DPJ followed by a court judgment.

Delays generally vary between six and twelve months depending on the complexity of the case. Cases of IVF with a known donor require prior written consent, while children born abroad require an additional recognition step.

Gay couples who use surrogacy must follow the same process, with particular attention paid to parentage established abroad. Homoparental families in Quebec: guide provides additional references.

Sophie : Divorce and separation of same-sex couples: specificities compared to heterosexual couples?

Me :

The divorce or separation procedure is the same for all married couples in Quebec, whether they are heterosexual or of the same sex. The Civil Code applies uniformly.

The division of family property, the family residence, and RRSPs follow the same rules. Spousal support depends on demonstrated economic dependence and not on sexual orientation.

Co-parent adoption makes child support identical to that of heterosexual couples. No specific advantages or disadvantages for LGBT couples exist under the current legal framework.

Sophie : Recognition of Canadian marriage abroad: favorable countries, prohibited countries?

Me :

In 2026, thirty-seven countries recognize marriage between same-sex individuals. The majority of European Union countries accept it, with the exception of seven member states.

The United States, Australia, New Zealand, several Latin American countries, and South Africa are among the favorable jurisdictions. Sixty-four countries, primarily in Africa, the Middle East, and Asia, still criminalize same-sex relationships.

The practical advice remains to travel with a translated and apostilled marriage certificate, while avoiding countries where the mere presence of a couple may pose a problem. LGBT Rights Canada vs the World: Lawyer Interview provides a comparative overview.

Sophie : Mixed nationality couples (Canadian + foreign): how does the spouse visa work?

Me :

Spousal sponsorship, whether married or in a common-law partnership, is fully accessible to same-sex couples at the federal level. The required documents include proof of cohabitation and the marriage certificate.

Processing times generally range from twelve to fifteen months. When a partner resides in a country that criminalizes same-sex relationships, it is possible to submit the application without disclosing the relationship in the country of origin.

Resources like topsiterencontre.quebec can help mixed couples prepare their documentation. Late coming out: an interview with a psychologist also addresses the emotional challenges related to these situations.

Sophie : Marriage regimes and property: what applies to gay couples?

Me :

In Quebec, the default matrimonial regime is the partnership of acquests since 1989, unless a marriage contract provides for the separation of property. The family patrimony remains mandatory and protects the economically weaker spouse.

These rules apply equally to same-sex couples. Gifts between living persons and a civil union or marriage contract allow for the adaptation of protection.

Services like https://www.soleica.ca/ support families in estate planning.

Sophie : Death and succession: how to protect the surviving LGBT partner?

Me :

Without a will, the married partner, whether heterosexual or of the same sex, inherits according to the shares provided by the Civil Code of Quebec. The common-law partner, on the other hand, is not protected by default.

It is strongly recommended to draft a mutual will, designate beneficiaries on insurance policies and RRSPs, and prepare a protection mandate. A 2024 ruling confirmed that a same-sex married spouse inherits under the same conditions as a heterosexual spouse.

These steps prevent disputes and ensure a smooth transmission.

Sophie : PMA and GPA: Quebec Framework 2026 for LGBT Filiation?

Me :

Assisted reproductive technology (ART) has been accessible to lesbian couples through the Quebec public program since 2010. Altruistic surrogacy has been regulated by Law 2 since July 2023 for residents of Quebec.

A prior agreement, an ethical review, and psychosocial support are mandatory before conception. Gay couples have access to this, and the parentage of both intended parents is recognized from birth.

Cases of surrogacy performed abroad require an additional recognition step with Quebec authorities.

Sophie : Residual discrimination in cases: what do you still observe in 2026?

Me :

Some notaries and lawyers still lack training on appropriate terminology and maintain a heterosexual assumption by default in their questionnaires. Bank and insurance forms sometimes pose similar difficulties.

In inheritances, biological families occasionally contest a will in favor of the same-sex spouse, even though these cases remain rare. Natural link to homophobia in the workplace in Quebec documents comparable situations.

Organizations like the CDPDJ and Interligne provide support when these obstacles arise.

Sophie : Advice for couples getting married in 2026: where to start?

Me :

The first step is to choose the matrimonial regime, either the partnership of acquests by default or a notarial contract. Then, it is necessary to verify that all documents are in order before any international travel.

The drafting of a reciprocal will, the designation of insurance and RRSP beneficiaries, as well as the anticipation of a parenting project are the next steps. https://www.photo-de-mariage.com/ offers practical advice for preparing for the wedding itself.

Finally, consulting a lawyer specialized in LGBT family law from the beginning of the process helps avoid pitfalls related to international recognition.

Quick questions: common misconceptions

Conclusion: 3 key takeaways

1. Twenty years after the legalization of same-sex marriage in Canada, the legal framework offers solid protection, but issues of immigration, international surrogacy, and cross-border inheritances still require targeted expertise.
2. LGBT couples should prioritize drafting a will, designating their beneficiaries, and anticipating the recognition of their union abroad as soon as travel or migration is being considered.
3. The remaining difficulties concern international recognition and mixed nationality couples, rather than marriage itself.