Missing Babies

Rethinking Our Laws to Support Families and a Sustainable Future

Canada faces a pressing demographic challenge. Fertility rates are declining, and our current legal and social frameworks around reproduction, dating, and co-parenting are shaping the way families form—or don’t. These structures influence not only individual choices but also the long-term sustainability of our communities.

This page explores how laws affect family formation and fertility and proposes evidence-based reforms to create an environment where Canadians can build families, share parenting responsibilities, and contribute to a stable and thriving society.

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How Legal Structures Affect Fertility, Dating, and Co-Parenting

1. Reproductive Choices and Fertility

Current Situation:
Canada’s legal framework emphasizes individual autonomy under the Charter of Rights and Freedoms. While this protects personal freedoms, it can make coordinated efforts to support higher fertility rates and responsible family planning more complex.

• Fertility Campaigns: Advertising and public campaigns face restrictions that limit direct messaging encouraging childbearing.

• Policy Incentives: Current approaches rely on voluntary programs and soft messaging, which have not reversed declining birth rates.

Potential Reforms:

• Evidence-Based Incentives: Adjust housing, tax, and childcare policies to make parenthood more financially sustainable.

• Public Awareness Campaigns: Develop fact-based campaigns highlighting how family formation supports community stability and long-term prosperity.

• Legal Adjustments: Explore policy mechanisms that encourage collective civic responsibility without limiting personal autonomy.

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2. Dating and Social Interaction

Current Situation:
Legal protections against harassment and strict public safety regulations, while essential, sometimes unintentionally reduce opportunities for social interaction. This can affect how individuals meet potential partners, particularly in workplaces and public venues.

• Workplace Policies: Policies can be unclear on consensual relationships, leading to cautious behavior.

• Public Venue Restrictions: Safety and alcohol regulations can unintentionally limit social connection.

• Training Programs: Broad sexual harassment training may inhibit natural social interaction.

Potential Reforms:

• Clarify Workplace Policies: Distinguish clearly between harassment and consensual interactions to allow safe, respectful relationships.

• Encourage Social Programs: Support structured social events, such as community gatherings or “singles nights,” that foster connection while respecting consent.

• Reassess Public Venue Rules: Balance safety with opportunities for meaningful interaction.

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3. Co-Parenting Relationships

Current Situation:
Custody, child support, and parental rights laws sometimes create barriers to effective co-parenting. Outdated assumptions about gender roles and parenting responsibilities can limit communication and collaboration between parents.

• Custody: Maternal preference in some cases restricts fathers’ involvement.

• Child Support: Strict enforcement without flexibility can generate conflict rather than cooperation.

• Parental Alienation: Current approaches may not adequately address false allegations or promote reconciliation.

Potential Reforms:

• Default Joint Custody: Make shared parenting the standard unless evidence shows otherwise.

• Flexible Child Support: Allow adjustments based on financial circumstances to encourage collaboration.

• Mediation and Parenting Plans: Introduce mandatory dispute resolution and structured co-parenting agreements to improve communication and fairness.

• Address False Allegations: Strengthen processes to ensure both parents are treated equitably.

The Hybrid Parenting Model:
Co-parenting combines independence with shared responsibility, offering a practical approach for raising children while maintaining personal freedom. It supports parents in providing stable environments without requiring traditional romantic commitments.

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4. Surrogacy

Current Situation:
Canada’s restrictive surrogacy laws limit access for people who cannot conceive naturally. While altruistic surrogacy is permitted, commercial surrogacy is prohibited, creating legal and financial barriers.

Potential Reforms:

• Regulate Commercial Surrogacy: Create clear legal frameworks for compensated surrogacy, protecting all parties and prioritizing child welfare.

• Streamline Parental Rights: Simplify procedures for establishing parentage when surrogates are not biologically related.

• Legal Support: Ensure affordable legal guidance for intended parents and surrogates.

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5. Additional Legal Considerations

Other laws also influence family formation and fertility:

• Parental Leave: Gender-neutral paid leave encourages shared responsibility between mothers and fathers.

• Reproductive Roles: Remove legal biases in child support, custody, and parenting responsibilities.

• Parental Alienation: Introduce standardized interventions to reconnect alienated parents with children.

• Privacy in Co-Parenting: Update regulations to facilitate secure communication through apps and digital tools.

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Why Reform Matters

Without updating these laws, Canada risks further declines in fertility, weaker family structures, and challenges to long-term societal sustainability. Evidence-based reforms can:

• Encourage natural relationship formation and healthy social interaction.

• Enable equitable co-parenting, reducing conflict and increasing stability for children.

• Support higher fertility through financial, structural, and technological measures, including surrogacy.

After generations of declining birthrates, Western societies face numbers far below replacement levels. While incentives and public messaging help, the evidence suggests broader reforms could strengthen family formation and civic sustainability without compromising personal freedom.

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Join Us in Researching Solutions for a Sustainable Future

This think tank aims to explore demographic, social, and legal trends affecting Canadian families. We conduct independent research, provide evidence-based policy recommendations, and analyze the long-term impacts of legal and social structures on population sustainability.

Your support helps us:

• Conduct rigorous, nonpartisan research on family formation and fertility trends.

• Produce data-driven insights to guide policymakers and communities.

• Promote civic dialogue on practical, sustainable solutions for Canada’s future.

Together, we can ensure Canadians have the tools, policies, and opportunities to form families, raise children, and maintain a resilient society. Support our research and help shape policies that impact communities today and generations tomorrow.

See what we’re doing about this