Ghel & Unstated Parentage
In 1985, the federal government made legislative amendments to the Indian Act. Some of the amendments were meant to help address the discrimination that women faced as a result of the rules around Indian status. Although there were positive developments (e.g., rules around 'marrying out' were removed) from these amendments, the Indian Act continues to be discriminatory and, in particular, perpetuates discrimination towards women.
One way this occurs is through the rules around unstated parentage. While it is usually obvious who a child’s biological mother is, depending on the situation, determining paternity is not always clear or possible. This booklet aims to inform the public about the current rules surrounding unstated parentage and how they can affect children’s entitlement to Indian status.
Please note that nothing in this booklet should be considered legal advice; it is intended solely for informational purposes.
*The word “Indian” is only used in this booklet when referring to specifically to the Indian Act or government programs where the term is used.
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Rebecca Waxman took Aboriginal Peoples and the Law with Professor Naomi Metallic in Winter 2024 and produced an A2J project entitled Ghel & Unstatetd Paternity.
