In Quebec, parents must declare the birth of their child to a government agency called the Directeur de l’état civil (registrar of civil status). The Directeur de l’état civil uses this declaration to draw up a very important document: the “act of birth.”
Why do I have to declare my child’s birth?
Declaring a child’s birth to the Directeur de l’état civil is mandatory. It’s in this declaration that parents provide the first and last names they have chosen for their child. The declaration also establishes the child’s filiation, which is the legal relationship between them and their parents.
The Directeur de l’état civil uses this declaration to draw up the child’s “act of birth”, which is entered in Quebec’s register of civil status.
Having a child listed in the register allows them to obtain various important documents, such as
- a birth certificate or a copy of their act of birth, which proves their identity and citizenship,
- a health insurance card, and
- a social insurance number.
These documents let your child enjoy the same rights and privileges as all other Quebec citizens.
How do I declare my child’s birth?
To declare the birth of your newborn, you must complete the “Declaration of Birth” form. This form is provided by the hospital or birthing centre, along with your newborn’s attestation of birth. To complete the declaration of birth, you’ll need the attestation of birth as it states information such as
- the child’s sex (male or female),
- the place, date and time of the birth,
- the name of the parent who gave birth to the child, and
- the name of the birth attendant.
You can also get a copy of the “Declaration of Birth” form on the Directeur de l’état civil’s website.
Parents must send their child’s declaration of birth to the Directeur de l’état civil within 30 days of the birth.
If the Directeur receives the declaration of birth after the 30-day limit, the parents will be charged an administrative fee.
Who needs to sign the declaration of birth?
If the child has two parents, both of you can sign the declaration and declare your filiation.
If the parents are married, in a civil union or in a common-law relationship, only one parent needs to complete and sign the declaration of birth. But parents in a common-law relationship must send the following additional documents to the Directeur de l’état civil:
- A sworn declaration by the parent who did not sign the declaration of birth stating that the birth occurred during the common-law relationship or within 300 days of the end of the relationship, if it has ended.
- A sworn declaration by another person stating that the birth occurred during the couple’s common-law relationship or within 300 days of the end of the relationship, if it has ended.
- Any additional documents showing that the parents are (or were) in a common-law relationship.
If the child has two parents, but they are neither married nor in a common-law relationship, either at the time of the child’s conception or of the child’s birth, both parents must sign the declaration of birth. Otherwise, filiation with the child will not be established for both parents.
In the event of a disagreement regarding the signature of the declaration, you can apply to a court to establish filiation for yourself or for the parent who refuses to sign.
If your child is the result of a solo parental project, they have only one parent. In this situation, you must complete and sign the declaration alone.
If your child was delivered by a surrogate or wasn’t delivered at a hospital or birthing centre, contact the Directeur de l’état civil to find out how to declare the birth of your child.
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Did you know? You can also fill out a form called an “Application for Simplified Access to Birth-related Government Programs and Services”. This form is provided with the declaration of birth. If you fill it out, the Directeur sends your child’s information to the Canada Revenue Agency to sign you up for government benefit programs for children, among other things. The Directeur also sends the information to Service Canada so they can give your child a social insurance number. |
How is the legal relationship of filiation between children and their parents established?
Under the law, a child’s legal parents are those listed on the child’s act of birth.
To prove that you are your child’s legal parent, you can use one of two documents: your child’s birth certificate or a copy of their act of birth.
The birth certificate is a summary of the act of birth. It includes the child’s surname, given names, gender, and the surnames and given names of the parent or parents. The copy of the act of birth is a complete copy of the original act of birth. Both documents officially establish filiation between children and their parents.
You will need to provide one of these documents when making requests on behalf of your child, such as for obtaining documents, enrolling them in daycare or school, and more.
To get a birth certificate or a copy of the act of birth, you can complete a form online on the website of the Directeur de l’état civil.
Can I register an act of birth made outside Quebec in Quebec’s register of civil status?
Yes. You can ask the Directeur de l’état civil to register a birth that took place outside Quebec in the register of civil status. You can make the request for your minor child. Your child could also make the request themselves if they are at least 18 years old.
To register an act of birth made outside Quebec in Quebec’s register of civil status, the following documents are required:
- the original act of birth made outside Quebec
- proof that the person whose birth will be registered is living in Quebec
- proof that the parent or parents are living in Quebec, if they are making the request
- proof of identity for the person making the request
Other documents may be needed in certain circumstances. For example, if the child was delivered by a surrogate outside Quebec, the judgment recognizing the act of birth must be sent to the Directeur de l’état civil with the request to register the birth.
If the act of birth was issued outside Quebec, you can obtain a birth certificate from the Directeur de l’état civil.
To learn more, visit the website of the Directeur de l’état civil.