Filiation…or how do I prove I am the father or mother of my child?

13-14 weeks pregnant, Health advice

To learn more about parental authority, go to Parental authority…or what are my rights and obligations towards my child?

Filiation is the legal link between a child and its parents. The conditions to be officially recognised as the father or mother of a child vary from province to province. In Quebec, a child can only have two parents at a time, either a mother and father, two mothers or two fathers. 

Why talk about filiation? Establishing a child’s filiation leads to rights and obligations as part of parental authority. Additionally, it allows you to travel abroad with your child or merely registering them and going to pick them up a school or daycare! 

In Quebec, filiation is established in the following ways:

  • By blood, a biological link between the child and their parent;
  • Adoption;
  • A couple’s (heterosexual or homosexual) parental project (assisted procreation);

Filiation can be proved using four different methods:

  • Voluntary recognition;
  • Uninterrupted possession of status;
  • Presumption of paternity;
  • Child’s birth certificate.

 

Child’s Birth Certificat:

After the birth of a child, the parents fill out and sign a birth declaration. The names written in this declaration are transcribed to the child’s birth certificate, which is proof of filiation with the child.

Presumption of Paternity 

A child born during a marriage or civil union to a heterosexual couple, or within 300 days following the dissolution or termination of the marriage or civil union, is presumed by law to have the spouse or partner as the father. This presumption does not apply to common-law partners or same-sex couples who are married or in a civil union. 

While there are four different ways to prove filiation, in practice, it’s the child’s birth certificate that will show to third parties that you are a child’s parent.

Please note that a child can only have two parents. As such, even if you consider your spouse’s child like yours for years, it does not establish filiation between you and the child. This is called psychological parentage! The only way to establish filiation with this child would through adoption, as long as the child doesn’t already have two parents! 

For more information and to see examples concerning:

  • Uninterrupted possession of status;
  • Voluntary recognition.

Please go to the Éducaloi website.

To continue reading, go to Applying Filiation to Assisted Procreation.

Discover our videos

Subscribe to a monthly or quarterly package now to access full videos.

Adapting to the return home with a newborn

Adapting to the return home with a newborn

Family life changes after the birth of a baby. How can you prepare for this event and help the transition
Pelvic Floor

Pelvic Floor

The pelvic floor is usually forgotten during the preparation for childbirth. See why it’s important and how you can tone
Massage for Pregnant Woman

Massage for Pregnant Woman

Massages can help soothe many pregnancy discomforts, including back or sciatic nerve pain. With a future mother, Geneviève Beaulieu, a
Physical Exam of a Baby

Physical Exam of a Baby

Parents may not know how a newborn will physically look after birth, and it may worry them. Marie does a

Discover other articles

Experiencing a Cesarean Section

Experiencing a Cesarean Section

Given that a caesarian is a major surgery which involves risks, I think that it’s important that future parents get informed about the procedure.
Caring for Pacifiers and Nipples

Caring for Pacifiers and Nipples

It’s essential to care for pacifiers and nipples. When you buy them, it’s preferable to boil them.
Can you suggest some recipes for baby purées?

Can you suggest some recipes for baby purées?

Marie, I would like to make homemade purées for my baby who will turn five months old shortly. I was wondering if you had purée
Eczema

Eczema

Did you read the previous part about Diaper Rash? Atopic dermatitis (eczema) is the most common chronic inflammatory skin illness. Eczema can start at two

Filiation…or how do I prove I am the father or mother of my child?

Par Marie Fortier Temps de lecture: 2 min
0