Does the court have jurisdiction to make a binding declaration of maternity?
British Columbia, Canada
The following excerpt is from Rypkema v. H.M.T.Q. et al., 2003 BCSC 1784 (CanLII):
While there is no B.C. case addressing the issue on this application, in O’Driscoll v. McLeod (1986), 1986 CanLII 735 (BC SC), 10 B.C.L.R. (2d) 108, Huddart L.J.S.C. (as she then was) held that the court had jurisdiction to make binding declarations of paternity. I conclude that the court must also have jurisdiction to make binding declarations of maternity.
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