Introducing the Parental Union
In short
Understanding parental Union: A New Framework for Couples with Children
Starting June 30, 2025, Quebec law will recognize new rules imposed on couples with children, through a new regime called the parental union. Created by Bill 56, this regime will establish mutual rights and obligations between couples who become the legal parents of the same child.
This regime does not apply to common-law partners without children or whose common children were all born or adopted before June 30, 2025. It only applies to children born or adopted after that date.
This regime was designed to reflect the reality of many couples who have a child together without being married or in a civil union. The goal is to offer a certain level of legal protection, particularly in the event of a breakup, while respecting their choice not to marry (or enter into a civil union). The parental union is therefore aimed at common-law parents who share a family life but have not formalized their union through marriage or civil union.
This measure changes nothing for common-law partners without children: no rights or obligations are imposed between them, except for those under general civil law, such as rules on unjust enrichment.
What changes is that a couple who welcomes a child from June 30, 2025 onward, whether by birth or adoption, will be bound by this new parental union. It is not a voluntary process: the law imposes its effects.
Who is concerned?
Two conditions must be met for a parental union to exist: a child must be born or adopted after the reform comes into effect, i.e., from June 29, 2025 onward.
The parental union applies to two people who live in a "conjugal relationship" and present themselves publicly as a couple. The determining factor is not the length of the relationship—no minimum duration is required.
In the eyes of the law, being in a "conjugal relationship" doesn’t necessarily mean living under the same roof. It is rather a shared life project, an emotional relationship intended to last, based on mutual conjugal interests. If these elements are present, even without cohabitation, the relationship may still be recognized—although living together creates a presumption of a conjugal relationship.
A clarification: the parental union arises only if both partners are the legal parents of the same child, whether through biology, recognition, adoption, or assisted reproduction. If only one partner is the child’s legal parent, the parental union will not apply.
Additionally, both parents must be free of any marital or civil union ties. If one of them is still married or civilly united with someone else, the parental union cannot begin. It only starts once a divorce or dissolution is officially finalized.
In some cases, the parental union begins at the child’s birth or adoption if the parents are already living together as a couple. In other situations, it begins when the conjugal relationship starts, if this happens after the child’s arrival.
Does the parental union have an end?
Yes. The parental union ends automatically if the partners stop living together, if one of them dies, or if one of them gets married or enters into a civil union, whether with their current partner or someone else. The "end of the conjugal relationship" may be clear and direct—e.g., when one partner announces the separation —or simply evident from the facts, when it is clear that the couple has ended their relationship and settled its economic consequences. Unlike marriage, no court judgment is needed to end a parental union: the breakup takes effect as soon as the "conjugal relationship" (see above) ends. However, the death of the child or the child leaving home has no impact on the parental union.
What are the legal effects of the parental union?
Although less restrictive than marriage, the parental union still has significant legal consequences, particularly concerning the family residence, division of property, and compensation in the case of economic imbalance.
One essential aspect involves the family residence. During the conjugal relationship, the partner who owns the home where the family lives cannot sell, mortgage, or transfer the property without the other’s consent—provided a declaration of family residence has been registered in the land register. If such a declaration has not been published, consent is still required, but its absence does not automatically nullify the sale, mortgage, or transfer: the disadvantaged partner must go to court to assert their rights.
In the event of a separation, certain protections also apply. The parent who obtains custody of the child (or children) may ask the court for the right to continue living in the family residence, even if they do not own it. However, they must file this request within 120 days of the separation. This time limit is intended to prevent a parent from suddenly finding themselves without a home, since the parental union ends immediately when the conjugal relationship ceases.
A shared property regime, but with flexibility
The regime also provides a mechanism for sharing property, inspired by the family patrimony of married couples. This is referred to as the parental union patrimony.
Each partner remains the owner of their assets—only the value accumulated during the parental union will be shared when it ends.
This regime includes, notably, the main and secondary family residences, furniture used by the family, and vehicles used for family transportation. However, pension plans and amounts recorded with the Pension Board are not part of this patrimony. Partners may choose to include or exclude specific assets from the patrimony. To include an additional asset, a contract must be signed before a notary or witnesses. To exclude one, a notarized act is required. Moreover, it is possible to fully opt out of this regime—but only by notarized act, and only while the parental union is ongoing. Even if partners opt out of the patrimony, other legal effects of the union—such as rights to the residence or compensatory allowance (see below)—remain in effect.
Compensatory allowance
Finally, the regime allows a partner to claim a compensatory allowance if their contribution to the relationship significantly enriched the other, without equivalent personal gain. This mechanism aims to restore economic balance between the partners after separation. For example, if one partner paused or stopped their career to care for the children or support the other’s business, they could be entitled to financial compensation.
This remedy is of public order: even if partners have waived any division of property, they cannot preemptively exclude the right to a compensatory allowance.
Inheriting from a common-law partner
In matters of parental union, the surviving partner’s right to inherit is another major change in succession law. The new rules, modeled after those for married or civil union spouses, provide that when one partner dies without a will, the estate is distributed according to a specific formula. The surviving partner receives one-third (1/3) of the estate, while the children inherit the remaining two-thirds (2/3). This distribution seeks to balance the protection of the surviving partner with the rights of the deceased’s children, ensuring each receives a fair portion of the inheritance.
Nevertheless, a will remains the best protection. Since the law allows full freedom to bequeath to anyone, partners in a parental union who consider this legal protection insufficient should draft wills to plan the consequences of their deaths differently.
A redesigned legal framework for families with children
The parental union reflects the Quebec legislator’s intent to better regulate today’s family realities. Many couples choose not to marry while still building a stable, committed family life. This new regime offers them a protective legal foundation without imposing the full obligations of marriage. Still, it is important to understand the legal consequences of this status, as it brings rights and responsibilities from the moment it begins—often without the partners being fully aware. Personalized legal guidance can help protect one’s interests, particularly through the drafting of clear agreements or the registration of a family residence declaration.