Application For A Declaration
Declaration of parentage is like adoption. It’s something that says you are the parents for your entire life. Once you have it you cannot change it. It’s a document that says that the father is the parent. It can protect a child’s rights to child support later if the couple breaks up or if there is divorce. If the father doesn’t want to admit he is the father, the case might need to go to court.
If it’s hard to find the biological father, research and investigation will need to be done. Most of the time the goal is to get a child a birth certificate with both the mother and the father on it.
Simply, it’s a document that declares someone is a parent.
Make sure to speak to a lawyer in your province as rules are different. Sometimes it can get more complicated if there was a sperm donor or if there is a gay couple.
A parent that has been declared as the same responsibilities and rights as a biological parent.
You can speak to a lawyer that can help you regardless of where you are in Canada below. They will call you and provide legal advice.
Declaration Of Parentage | Family Lawyers
If you are looking for a family lawyer to help you with a Declaration of Parentage, call us toll-free.
If you need to change your birth certificate, you will need to obtain a court order for the “declaration of parentage.” Normally the court order is sought when there is no way to make sure the recognition of a family is possible through other means. You can pursue the court order at any time in life. It is not important to do it as a child.
All parties must agree, and a judge must accept the change.
We have lawyers that can help with declaration of parentage anywhere in Canada. Our family lawyers offer service to other areas via Skype, email, and the phone.
The judge has the power to make the decision and normally does so based on what is in the best interest of the child or children. Most of the time the court order is for recognizing more than two parties and in the gay community. Sometimes it’s for someone who is not a biological partner but has been acting as a partner for many years.
It’s much easier and more economical to hire a family lawyer to get a court order when all parties agree. Lawyers charge $250-500/hour depending on how experienced they are. If people don’t agree, then it can turn into a court battle and cost more than $10,000. You need to decide if you are willing to pay for results.
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You want to avoid a situation that is like on TV, where someone shows up on the show and starts arguing that they are either the father or not the father. A DNA test will easily tell you the truth.
Documentation And Information
One of the most common questions we get asked is if it’s required to adopt your own baby, the answer is no. Each province is different from the others. The assumption when the baby is born is that the lady who gave birth is the mother. Once a child is born, we get DNA evidence, and we explain the finding to the judge. We put together all the documents and make our case.
The goal is to get an order from the judge (declaration of parentage.)
The goal is to get a birth certificate with your name on it. You can then go ahead and get the child a passport.
Most lawyers don’t do this area of law, so it’s a good idea to find a lawyer that has experience.
Ontario and BC are the best places to do a declaration of parentage. If you are in another province, you might still be able to file in British Columbia or Ontario.