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
• considers her/himself to be a parent
• is recognized as a parent for a sufficiently significant period of time

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:

• being married OR
• being in a civil union with the mother OR
• being within 300 days of the dissolution or annulment of the marriage or civil union.

(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.

(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 impediments to marriage or a 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
• your uninterrupted possession of status creates a false appearance OR
• another man is legally recognized as the father OR
• if the birth certificate and possession of status contradict each other

All methods of proof are admissible. The contestation must be accompanied by a request to establish another filiation.

! If you would like to contest your paternity created through a presumption, it must be done within one year from when the presumption comes into effect or from the day on which you learn of the birth.

(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.

Bill 12 changes many things, but when it comes to domestic violence victims this is what it changes :

• Allow a mother whose child is the result of rape to refuse the aggressor the establishment of his paternity ;
• 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 ;
• Provide that the child born of sexual aggression can inherit from the aggressor upon death, again, even without any bond of filiation ;
• Indicate that, for the application of the above provisions, a sexual aggression can be recognized in other ways than by a criminal judgment.

On another note, when a judgment recognizes that a parent has committed an offense of sexual nature against a child, any child, the burden of proof now rests on the offending parent’s shoulder in matters of forfeiture of parental authority. In other words, the law now provides that the offender has to prove that he or she is deserving of parental authority instead of the other parent having to prove their unworthiness.

! 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.
Section 33 of the Civil Code of Quebec

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, it ultimately depends on the whether or not the judge believes you acted as a parent.
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.
CCQ 33

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

A parent with SOLE CUSTODY of the children has the right to make decisions with respect to the care, upbringing, education, health care, religion, and general welfare of the children without consulting the other parent.
The other parent who has ACCESS RIGHTS only has a right to be informed and a right of surveillance concerning those types of decisions.

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. Provinces will cooperate in trying to find your children.
If you suspect your spouse has left the country, you must also contact the office of your provincial solicitor general.

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.
Section 33 of the Civil Code of Quebec