Martha Bailey

Martha Bailey is a Professor of Law at Queen’s University, where she has taught Private International Law, International Family Law, and Property Law. Professor Bailey’s research focuses on cross-border family law issues, including international child abduction, international surrogacy, recognition of foreign marriages, and cross-border child welfare.

Her publications include “Limits on the Autonomy Rights of Competent Minors” in Festschrift for John Eekelaar (Cambridge: Interstitia) forthcoming 2022; “Cross-border and Retroactive Child Support” in Margaret Brinig, ed, International Survey of Family Law (Cambridge: Intersentia, 2022); “Balev v Baggott: The Child’s Perspective in Determining Habitual Residence” (2017) 36 CFLQ 227; and “Canada’s Conflicted Approach to International Child Abduction” in William Atkin, ed, International Survey of Family Law (Jordans, 2016) 81.

Her conference presentations include “International Surrogacy: Can the State of Russia Bind the Whole World?” in Kingston, October 2017 and “Resolving Conflicts Between the Hague Abduction Convention and Immigration and Refugee Law” at the International Society of Family Law conference, Tel Aviv, January 2014.

She has prepared reports for the Law Commission of Canada (on marriage and marriage-like relationships), for Status of Women Canada (on relocation of custodial parents and on polygamy), and for the Department of Justice Canada (on implementation of the Child Protection Convention and on access enforcement). Professor Bailey has been a visiting researcher or instructor at several law faculties, including Otago, Laval, Melbourne, Emory, and India’s NALSAR University.