How is filiation established?
There are 3 types of filiation between a parent and a child:
Filiation by blood (biological filiation)
Filiation by blood is based on the biological link between you and your child.
Attestation of birth
When a child is born, the person who delivers the baby completes an attestation of birth for the registrar of civil status.
The attestation states:
- the place, date and time of the child’s birth,
- the child’s sex,
- name and domicile of the parent who gave birth to the child.
A copy is also given to the people who are required to file a declaration of birth.
Filiation by assisted procreation
The filiation of a child born through assisted procreation is established in the same way as filiation by blood, that is, by the birth certificate. If the birth was planned by you alone, you will be the only person registered as the child's parent.
No filiation exists between the child and the sperm donor or egg donor; they cannot claim paternity or maternity. Moreover, they cannot claim filiation with your child.
Filiation by assisted procreation gives you the same rights and obligations as filiation by blood.
Female same-sex couples
The two spouses in a female same-sex couple can use assisted procreation to have a child. They will share parental authority with respect to the child. The spouse who does not give birth to the child will have the rights and obligations generally given to a child’s father.
Surrogate mother contracts
A surrogate mother contract is any agreement in which a person agrees to conceive or carry a child for another individual or a couple, either free of charge or for a consideration. All such agreements are null.
If the pregnancy results from sexual intercourse, the donor has one year to apply to the court to have filiation with the child recognized.
During this period, the spouse of the parent who gave birth to the child cannot oppose the application on the ground of uninterrupted possession of status.
Filiation by adoption
When you adopt a child, you create a family relationship between you and the child on the basis of a legal act. This relationship replaces the bond between the child and his or her biological parents, except if the child is adopted by the spouse of the child's mother or father. In other words, the child no longer belongs to his or her birth family.
Filiation by adoption gives you the same rights and obligations as filiation by blood.
Adoption by the spouse of one of the child's parents
You can adopt your spouse's minor child, provided your spouse has been recognized as the child's sole parent or the other parent has been deprived of parental authority. Your spouse must also consent to the adoption. If you are de facto spouses, you must have been living together for at least three years.
A same-sex couple can adopt a child. You will be described, in the register of civil status, as:
- the child's mothers, if you are both women;
- the child's fathers, if you are both men.