Filiation after the death of a parent

Death before the signature of a declaration of birth

Your spouse has died before the birth of your child. You may declare the filiation of your child with regard to your deceased spouse if the child was conceived or born during the marriage, civil union or de facto union.

If you were in a de facto union, you must provide the following documents along with the declaration of birth:

  • An affidavit in which you state the facts and circumstances allowing to prove that the child was born during the union or within 300 days of its termination.
  • An affidavit by a third person confirming your declaration. This third person can be a friend or family member of the deceased person.

Reproductive material used after the person’s death

Your child was born following an assisted procreation activity using the reproductive material of a person who was deceased at the time this activity was performed.
In this event, the filiation of your child with regard to this person must be established by the court.

You must prove that:

  • The deceased person was part of the parental project at the time of their death;
  • Your child was conceived using the reproductive material of this person or, as the case may be, the reproductive material this person decided to use in order to have a child.

You do not need to prove that the deceased person was part of the parental project if you were spouses at the time of the person’s death AND the child was conceived through the transfer of an embryo created prior to the person’s death. In this case, the deceased person’s participation in the parental project is presumed.

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