Filiation

Filiation is the link that unites a child with the parent. It is the legal recognition of your status as a mother or father. A child may only have two parents whether they be of opposite or same sex.

There are four ways of establishing filiation : 

(1) Birth certificates : This is the first and main way of proving the link between you and your child.
If : 

• Your name is not written on the birth certificate AND 

• Paternity is not established in anybody else’s favor ;

you therefore can present a request to the Registrar of Civil Status to have your name added.
A notice will then be published and must go unopposed for 20 days.
If the child is 14 or older she/he must agree to having you named as a parent. 

(2) Uninterrupted possession of status : A person has “uninterrupted possession of status” when she/he : 

• Acts like a parent AND 

• Considers her/himself to be a parent AND 

• Is recognized as a parent for a sufficiently significant period of time (over a minimum period of 24 months, unless exceptional circumstances arise.

E.g. If the father’s name is not on the birth certificate but he has uninterrupted possession of status, he could establish filiation. 

(3) Presumption of paternity : This is when the spouse is presumed to be the father as a result of : 

• Your marriage, civil union or de facto union with the parent who gave birth ;  

• If the child is born within 300 days of the dissolution or annulment of the marriage or civil union, or the end of your de facto union with the parent who gave birth.

(4) Voluntary acknowledgment : If none of the above methods can be used, a person can make a declaration to recognize the child as theirs. 

This acknowledgement does not create obligations for the child, only for the parent. If prior to the declaration the parent would like to also be included in the birth certificate they will have to present this request in court. This acknowledgement cannot contradict a filiation already established by a birth certificate. 

(1) Adoption : Adoption is allowed if : 

• It is in the best interest of the child AND 

• On the conditions provided for by law (you should speak with a lawyer – see “Info & Help” ). 

Adoption confers on the adopted person a filiation which replaces his or her original filiation. The adopted person ceases to belong to his or her original family, subject to any limits of the marriage or the civil union.
For more information, please see http://www.educaloi.qc.ca/en/capsules/adopting-child-quebec. 

(2) Contestation : You can go to court and argue you are NOT the parent if : 

• You are falsely designated as the parent in the birth certificate OR 

• Another man is legally recognized as the father OR 

• If the birth certificate and possession of status contradict each other.

The child can contest their filiation if they are the result of a sexual assault committed by a parent who did not give birth to them. 

All methods of proof are admissible.  

(3) Requesting status: If there is no status or it has been contested you can request to be recognized as the parent in court. This will require proof of your status. You can use any available means: photos, testimony, letters, etc. 

For victims of domestic violence, the Civil Code of Quebec indicates that :  

• A child born of a sexual assault may object to filiation being established between him or her and the person who committed the assault ;  

• Grant the possibility for a sex offender to be required to pay compensation to support the child born out of this sexual aggression, even without any bond of filiation ; 

• The child born of sexual aggression can inherit from the aggressor upon death, again, even without any bond of filiation; provided that the aggressor has not indicated the contrary in his will.  

• Sexual assault may be recognized by means other than a criminal judgment.   

One thing that is important to keep in mind is that the judge’s first and foremost criterion is what is in the best interest of the child. In some cases, for example even if the parent is not the biological parent, he will be able to keep his status as the father due to his relationship with the child being a good one (article 33 C.C.Q.).

Will I be responsible for my spouse’s child if we break up? 

There is a possibility that you might have to pay child support if the court orders it as a result of a divorce proceeding. This would only happen if, as the spouse, you stood in the place of a parent to the child. However, in general just because you lived with your spouse’s child does not mean that you can be held responsible for him or her. 
In order to determine whether or not you acted as a parent, the judge will take the following into account: 

• Treating the child as if he or she were your biological child ;

• Financial contribution to the child’s well-being ;

• Educating the child ;

• Acting as the person responsible for the child ;

• The child does not really have contact with the biological parent.

Even if I am not the legal parent, would I be able to get visitation rights? 

If you can show that it would be in the child’s best interest for you to continue to see him or her despite the fact that you are not legally the parent, then you could be granted these rights.
Depending on the application of the Divorce Act or the Civil Code of Québec, the court’s decision may differ. Please consult a lawyer for more information. 

What are the rights of a parent who obtains the custody of the children? 

When a parent exercises custody rights, he or she can make all day-to-day decisions on his or her own. For example, the parent can decide what the child will wear to school, go to the movies and so on.   

However, fundamental decisions, such as those related to health care, education, religion, etc., must be made by both parents together. 

Can I get an abortion in Canada? 

It is legal to get an abortion in Quebec. Legally, the father’s wishes do not have to influence the mother’s decision as to whether or not to have her child 

What if my spouse kidnaps my children? 

If you suspect your spouse is still in Canada, you must contact the police. If you suspect your spouse has left the country, you must also contact the police. You can also ask assistance of the Central Authority for Québec, depending on the circumstances.