TORONTO, Ontario, September 27, 2006 ( – The Ontario Court of Appeal is considering a petition by a woman in London, Ontario, to be granted legal recognition as the third parent of her lesbian partner’s five year old son, the Globe and Mail reported Wednesday.

The boy lives with the two women, who have been together since 1992. His biological father is an active participant in raising the child, seeing him twice a week.

The woman (all names are protected by a court ruling) first applied for the same rights as a biological parent three years ago, but the Family Court ruled it did not have the authority to make the decision. The woman wants full legal rights as a parent without removing the parenting rights of the boy’s father.

The appeal argues that the law’s failure to allow for three parents discriminates against same-sex couples because it relies on a biological definition of parenthood, violating equality guarantees under the Charter of Rights and Freedoms.

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