Are you the only parent on the act of birth because you don’t know who the father is or he’s not around? This matters when it comes to your rights as a mother.
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Important! The information in this article isn’t for people who are the only legal parent of a child as part of a solo parental project. For example, this article isn’t for you if you decided to have a child by yourself through assisted reproduction, surrogacy, adoption, or sexual activity with someone who agreed to help you conceive without becoming a legal parent. Different rules apply to these situations. |
You alone have the rights and responsibilities of a parent
If you’re the only parent on the act of birth, you alone have parental authority over your child. This means that you make decisions about your child’s care, education, and living situation, for example. You don’t have to ask the biological father for permission to make these decisions or keep him informed of what you decide.
It also usually means that you don’t have the right to child support and that the biological father doesn’t have the right to spend time with the child or share custody. If the biological father isn’t on the act of birth, they aren’t legally recognized as the child’s father. You are the only legal parent.
But if your pregnancy resulted from sexual assault, you can ask the biological father to pay a financial contribution for the child’s needs even though he isn’t on the act of the birth. This financial contribution is a one-time lump sum payment. Asking for this financial contribution doesn’t give the biological father the right to make decisions for your child, spend time with the child, or share custody. If your pregnancy resulted from sexual assault, your child could also inherit from their biological father even though he isn’t legally recognized as their father.
The father can be added to the act of birth upon request
As long as your child is under 18, you can ask a court to add the biological father to the act of birth. Once your child is 18 or older, your child can make this request at any time if they want to.
The biological father can also ask that he be added to the act of birth later. He can send Quebec’s Directeur de l’état civil (registrar of civil status) a late declaration, also known as a “tardy declaration of filiation”. The Directeur de l’état civil will need your permission to add the biological father to the act of birth based on this request.
If you refuse, the biological father can ask a court to add him to the act of birth. He can do this at any time. The court may ask for a DNA test to confirm paternity. If your pregnancy resulted from sexual assault, you can contest the biological father’s request.
What happens if the father is added to the act of birth
If the father is added to the act of birth, he will also have the rights and responsibilities of a legal parent. In most cases, you and the father will share parental authority from that point on. The father will also have the right to ask for time with the child or for shared custody. Finally, you may have the right to ask for child support depending on the custody arrangement and each parent’s revenue.
Your child can also inherit from their legal father, unless the father’s will says otherwise. A legally recognized parent could also inherit from their child.
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