3,009
edits
Difference between revisions of "Children Born Outside Marriage"
From Clicklaw Wikibooks
Children Born Outside Marriage (view source)
Revision as of 18:10, 24 January 2019
, 18:10, 24 January 2019no edit summary
Dial-A-Law (talk | contribs) |
Dial-A-Law (talk | contribs) |
||
| Line 4: | Line 4: | ||
Under the law, a child born outside marriage is treated the same as a child born to married parents. However, there are some implications for parents and other practical considerations. | Under the law, a child born outside marriage is treated the same as a child born to married parents. However, there are some implications for parents and other practical considerations. | ||
=Understand the legal framework= | ==Understand the legal framework== | ||
==The legal status of a child born outside of marriage== | ===The legal status of a child born outside of marriage=== | ||
There is no legal difference in the status of a child born to someone who is married, to a single parent, to a person in a common-law relationship, to a couple in a same-sex relationship, or to a couple in an opposite-sex relationship. A child born outside marriage is treated in exactly the same way as a child born to married parents. | There is no legal difference in the status of a child born to someone who is married, to a single parent, to a person in a common-law relationship, to a couple in a same-sex relationship, or to a couple in an opposite-sex relationship. A child born outside marriage is treated in exactly the same way as a child born to married parents. | ||
==Registering the birth of a child born outside of marriage== | ===Registering the birth of a child born outside of marriage=== | ||
Under the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-479/latest/rsbc-1996-c-479.html#sec3_smooth law in BC], a child born in British Columbia must be registered with the government within 30 days after the birth. Birth registration can be done online at [https://www2.gov.bc.ca/gov/content/life-events/birth-adoption/births/birth-registration gov.bc.ca/vitalstatistics], unless additional parents (other than the mother and father) are being recorded. You can request a paper birth registration form by calling the [https://www2.gov.bc.ca/gov/content/life-events/birth-adoption/births/birth-registration Vital Statistics Agency], the government office that handles birth registrations. Call 250-952-2681 in Victoria, or 1-888-876-1633 elsewhere in BC. | Under the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-479/latest/rsbc-1996-c-479.html#sec3_smooth law in BC], a child born in British Columbia must be registered with the government within 30 days after the birth. Birth registration can be done online at [https://www2.gov.bc.ca/gov/content/life-events/birth-adoption/births/birth-registration gov.bc.ca/vitalstatistics], unless additional parents (other than the mother and father) are being recorded. You can request a paper birth registration form by calling the [https://www2.gov.bc.ca/gov/content/life-events/birth-adoption/births/birth-registration Vital Statistics Agency], the government office that handles birth registrations. Call 250-952-2681 in Victoria, or 1-888-876-1633 elsewhere in BC. | ||
Both parents must sign the birth registration form, unless one or both parents are incapable. If the father is unknown or doesn’t acknowledge he is the father, the child’s mother can sign the birth registration alone. | Both parents must sign the birth registration form, unless one or both parents are incapable. If the father is unknown or doesn’t acknowledge he is the father, the child’s mother can sign the birth registration alone. | ||
==Choosing the child’s last name== | ===Choosing the child’s last name=== | ||
The parents may choose any last name they like for a child, if they agree. If the parents do not agree on a last name for a child, the child’s last name will consist of the parents’ surnames hyphenated or combined in alphabetical order. | The parents may choose any last name they like for a child, if they agree. If the parents do not agree on a last name for a child, the child’s last name will consist of the parents’ surnames hyphenated or combined in alphabetical order. | ||
If only the birth mother signs the birth registration, she can choose the child’s last name. | If only the birth mother signs the birth registration, she can choose the child’s last name. | ||
==Placing a child for adoption== | ===Placing a child for adoption=== | ||
Under the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec4_smooth law in BC], a parent or guardian of a child may place the child for adoption. This starts a process to legally transfer parental responsibilities for the child to another family. | Under the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec4_smooth law in BC], a parent or guardian of a child may place the child for adoption. This starts a process to legally transfer parental responsibilities for the child to another family. | ||
| Line 28: | Line 28: | ||
For more on adoption, see our information on [[Adoption (Script 145)|adoption (no. 145)]] and [[Adoption Registries (Script 146)|adoption registries (no. 146)]]. | For more on adoption, see our information on [[Adoption (Script 145)|adoption (no. 145)]] and [[Adoption Registries (Script 146)|adoption registries (no. 146)]]. | ||
==Parents are generally guardians of their child== | ===Parents are generally guardians of their child=== | ||
Under the [https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html#sec39_smooth law in BC], while a child’s parents are living together, each parent is the child’s '''guardian'''. | Under the [https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html#sec39_smooth law in BC], while a child’s parents are living together, each parent is the child’s '''guardian'''. | ||
| Line 40: | Line 40: | ||
If a parent isn’t a guardian, the parent can apply to the court to be appointed as the guardian of their child. We explain this shortly. | If a parent isn’t a guardian, the parent can apply to the court to be appointed as the guardian of their child. We explain this shortly. | ||
==Guardians generally have parental responsibilities for a child== | ===Guardians generally have parental responsibilities for a child=== | ||
'''Parental responsibilities''' means having the responsibility to decide how to raise the child, based on the child’s best interests. Parental responsibilities include deciding where the child lives and goes to school, how the child gets treated when sick, and giving or withholding permission on behalf of the child. | '''Parental responsibilities''' means having the responsibility to decide how to raise the child, based on the child’s best interests. Parental responsibilities include deciding where the child lives and goes to school, how the child gets treated when sick, and giving or withholding permission on behalf of the child. | ||
| Line 47: | Line 47: | ||
The time a guardian spends with a child is called '''parenting time'''. During a guardian’s parenting time, the guardian is responsible for the care of the child and decision making about day-to-day matters involving the child. | The time a guardian spends with a child is called '''parenting time'''. During a guardian’s parenting time, the guardian is responsible for the care of the child and decision making about day-to-day matters involving the child. | ||
==If a parent isn’t a guardian== | ===If a parent isn’t a guardian=== | ||
A parent who is not a guardian of a child does not have parental responsibilities for the child. They are not entitled to be consulted when decisions are being made about the child. | A parent who is not a guardian of a child does not have parental responsibilities for the child. They are not entitled to be consulted when decisions are being made about the child. | ||
| Line 54: | Line 54: | ||
=Common questions= | ==Common questions== | ||
==How can I become a child’s guardian?== | ===How can I become a child’s guardian?=== | ||
If you are not a guardian of a child and you want to become a guardian, your choices depend on your relationship to the child and the views of the child's other guardians: | If you are not a guardian of a child and you want to become a guardian, your choices depend on your relationship to the child and the views of the child's other guardians: | ||
*If you are a parent, you can become a guardian by an agreement with the child's guardians. | *If you are a parent, you can become a guardian by an agreement with the child's guardians. | ||
| Line 64: | Line 64: | ||
If you '''apply to court''' to become a guardian, the [https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html#sec51_smooth law in BC] requires you to provide certain information about why the order would be in the best interests of the child. You must complete a special '''affidavit''' (a legal document where you make statements about facts you say are true), get a criminal records check, a records check from the child welfare authorities, and provide certain information about any children that are and have been in your care. | If you '''apply to court''' to become a guardian, the [https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html#sec51_smooth law in BC] requires you to provide certain information about why the order would be in the best interests of the child. You must complete a special '''affidavit''' (a legal document where you make statements about facts you say are true), get a criminal records check, a records check from the child welfare authorities, and provide certain information about any children that are and have been in your care. | ||
==Can I get child support for a child born outside marriage?== | ===Can I get child support for a child born outside marriage?=== | ||
'''Child support''' is a right of the child. Each parent is legally responsible for the financial support of their children, whether the parents are married to each other or not. For more on these responsibilities, see our information on [[Child Support (Script 117)|child support (no. 117)]]. | '''Child support''' is a right of the child. Each parent is legally responsible for the financial support of their children, whether the parents are married to each other or not. For more on these responsibilities, see our information on [[Child Support (Script 117)|child support (no. 117)]]. | ||
==What are the inheritance rights of a child born outside of marriage?== | ===What are the inheritance rights of a child born outside of marriage?=== | ||
The right of any child to an inheritance depends on whether the parent made a will and whether the parent has a spouse or other children at the time of their death. | The right of any child to an inheritance depends on whether the parent made a will and whether the parent has a spouse or other children at the time of their death. | ||
| Line 78: | Line 78: | ||
For more on inheritance rights, see our information on [[The Disappointed Beneficiary (Script 179)|the disappointed beneficiary (no. 179)]] and [[What Happens When You Die Without a Will? (Script 177)|what happens when you die without a will (no. 177)]]. | For more on inheritance rights, see our information on [[The Disappointed Beneficiary (Script 179)|the disappointed beneficiary (no. 179)]] and [[What Happens When You Die Without a Will? (Script 177)|what happens when you die without a will (no. 177)]]. | ||
==Can a child’s birth certificate be changed later to show the other parent?== | ===Can a child’s birth certificate be changed later to show the other parent?=== | ||
If the parents agree, they can change a child’s birth registration to list them both as parents. The parents can also change the child’s name on the birth registration. | If the parents agree, they can change a child’s birth registration to list them both as parents. The parents can also change the child’s name on the birth registration. | ||
| Line 87: | Line 87: | ||
=Get help= | ==Get help== | ||
==With more information== | ===With more information=== | ||
The wikibook '''''JP Boyd on Family Law''''' explains the legal issues affecting children. | The wikibook '''''JP Boyd on Family Law''''' explains the legal issues affecting children. | ||
