The name of my actual partner, who is not the biological father of my son, is written on the birth certificate of my child. What can happen ?

Did you know that the biological father does not have all rights only because he gave his genetical contribution to the life of your child ?

In fact, in this case, the biological father could not contest the filiation if the partner of the mother acts as a father to the child for over two (2) years. That is what we name the uninterrupted possession of status. The jurisprudence admits that an uninterrupted possession of status between sixteen (16) and twenty-four (24) months is sufficient in the majority of the cases to make the filiation undeniable. Therefore, by writing the article this way, the legislator preferred the stability of the families of Quebec to the biological reality.

However, you shall be careful: the article 530 of the civil code of Quebec states that no person may claim a filiation contrary to that assigned to him by his act of birth and the possession of status consistent with that act. Both conditions have to be reunited. Therefore, if the name of the biological father is written on the birth certificate of the child but he has never been present in the life of the child, the fact that the mother had the same partner for several years would not change anything to the situation.

However, you shall be informed that there is one exception; which is the assisted reproduction.

If you are living a similar situation or if you have questions regarding this subject, we are inviting you to contact us.

Written by Me Roxane Trudel-Pigeon, Associate attorney