Difference between revisions of "Children Born Outside Marriage"
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Drew Jackson (talk | contribs) m (Drew Jackson moved page Children Born Outside Marriage (Script 140) to Children Born Outside Marriage (No. 140): align with new Dial-A-Law website) |
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{{ | {{REVIEWEDPLS | reviewer = [https://www.southcoastlaw.ca/renee-aldana/ Renée Aldana], South Coast Law Group |date= October 2018}} {{Dial-A-Law TOC|expanded = children}} | ||
{{Dial-A-Law TOC|expanded = | |||
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. | ||
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'''A biological father'''’s consent is usually required too, but there are exceptions. For example, a court can be asked to do away with the biological father’s consent if he can’t be located or if to do so is in the child’s best interests. | '''A biological father'''’s consent is usually required too, but there are exceptions. For example, a court can be asked to do away with the biological father’s consent if he can’t be located or if to do so is in the child’s best interests. | ||
For more on adoption, see our information on [[Adoption ( | For more on adoption, see our information on [[Adoption of a Child (No. 145)|adoption (no. 145)]] and [[Adoption Registries (No. 146)|adoption registries (no. 146)]]. | ||
===Parents are generally guardians of their child=== | ===Parents are generally guardians of their child=== | ||
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===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 ( | '''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 (No. 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?=== | ||
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If a person dies with a will, their children receive whatever the deceased left to them in the will. But any child (whether born outside of marriage or to married parents) can apply to court to vary the will if they feel their portion of the estate is not "adequate, just and equitable in the circumstances". [https://www.canlii.org/en/bc/laws/stat/sbc-2009-c-13/latest/sbc-2009-c-13.html#sec60_smooth BC law] requires a person in their will to make adequate provision for the proper maintenance and support of their spouse and children. | If a person dies with a will, their children receive whatever the deceased left to them in the will. But any child (whether born outside of marriage or to married parents) can apply to court to vary the will if they feel their portion of the estate is not "adequate, just and equitable in the circumstances". [https://www.canlii.org/en/bc/laws/stat/sbc-2009-c-13/latest/sbc-2009-c-13.html#sec60_smooth BC law] requires a person in their will to make adequate provision for the proper maintenance and support of their spouse and children. | ||
For more on inheritance rights, see our information on [[ | For more on inheritance rights, see our information on [[Challenging a Will (No. 179)|Challenging a Will (no. 179)]] and [[When Someone Dies Without a Will (No. 177)|When Someone Dies 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?=== | ||
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:Web: [http://wiki.clicklaw.bc.ca/index.php/Children_in_Family_Law_Matters wiki.clicklaw.bc.ca] | :Web: [http://wiki.clicklaw.bc.ca/index.php/Children_in_Family_Law_Matters wiki.clicklaw.bc.ca] | ||
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{{Dial-A-Law Copyright}} | {{Dial-A-Law Copyright}} | ||