A child may have multiple parental figures in their life. In blended families, for example, both biological parents and step-parents can care for a child and make sure their needs are met.
For a person to be a legal parent, they need to have a legally recognized relationship with the child. In Quebec, this legal relationship is called filiation. Having a relationship of filiation creates rights and responsibilities for the legal parent and their child.
How is a relationship of filiation established?
Parents can establish a relationship of filiation with their child in different ways. Here are some examples.
A biological father establishes a relationship of filiation with their child by putting their name on the birth certificate. An adoptive parent establishes a relationship of filiation with their child when a court approves the adoption.
A person or couple may choose to conceive a child through assisted reproduction. This person or couple can establish a relationship of filiation with their child, even if they use a donor’s genetic material.
Attachment between a child and an adult doesn’t itself establish a relationship of filiation. So, a parent’s new partner can be in the child’s life, but that fact alone doesn’t make them the child’s legal parent.
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Can a child have more than two legal parents? No. In Quebec, a child can have a maximum of two legal parents. However, courts have acknowledged that other people can play an important role in the life of the child without being a legal parent. |
Rights and responsibilities of legal parents
Having a relationship of filiation creates rights and responsibilities for the legal parent and their child. Legal parents have custody of their child. They must supervise, educate, and take care of their child. They’re responsible for their child’s physical and psychological well-being. This is called having parental authority.
Legal parents are also their child’s tutor until the child turns 18. They must manage any property their child owns, protect their child’s interests, and exercise their child’s rights on their behalf if necessary. For example, if a child needs to take someone to court, the child’s legal parent will usually do it on their behalf. In this case, the parent can give instructions to a lawyer and sign legal papers for their child.
Filiation creates other rights and responsibilities. For example, in some situations:
- A legal parent can inherit from their child.
- A child can consent to health care on behalf of their legal parent if their parent can’t make decisions on their own.
- A legal parent can ask their child for financial support if they’re in need.