Filiation and parental rights and obligations

Filiation

Ministère de la Justice

Filiation is the relationship that exists between children and their parents, whether the parents are of the same or the opposite sex. The relationship can be established by blood or assisted reproduction or by an adoption judgment. Once filiation has been established, it creates rights and obligations for both the child and the parents, regardless of the circumstances of the child’s birth.

Parents usually establish filiation when their child is born by completing and signing the Declaration of Birth form for the Directeur de l’état civil. Their names and that of their newborn must be entered on the declaration. It is important to complete the declaration carefully, providing all the information requested.

All births that take place in Québec must be declared to the Directeur de l’état civil within 30 days following the birth in order to be entered in the Québec register of civil status.

If you are married or in a civil union, only one parent needs to complete and sign the declaration in order to establish filiation of both parents to the child. The date of your marriage or civil union must be indicated.

If you are not married or in a civil union, both parents must sign the declaration in order to establish your respective filiation with the child.

For more information, see Entering your child’s birth in the Québec register of civil status.

Rights and obligations of parents

Ministère de la Justice

Regardless of whether you are married, in a civil or de facto union or are separated, you have the rights and duties related to the custody, supervision, education, health and safety of your children. You are also responsible for the maintenance of your children.

In addition, you are the legal tutors to your minor children (under 18 years of age) and, as such, you must represent them in the exercise of their civil rights and administer their patrimony, including property.

For more information on your rights and obligations as parents, contact the Ministère de la Justice.

Online
www.justice.gouv.qc.ca

By telephone
Québec area: 418-643-5140
Elsewhere in Québec: 1-866-536-5140

Appointing a tutor for a minor child

Curateur public du Québec

If one of the parents dies or is incapable of exercising tutorship, the other parent becomes the child’s sole legal tutor. If both parents die or are declared incapable, the child must be entrusted to a dative tutor who will manage the minor’s property, in particular.

It is therefore recommended that you appoint a dative tutor for any minor children in advance, by means of a will, a protection mandate or a declaration of dative tutorship. The Declaration of Dative Tutorship form can be downloaded from the website of the Curateur public du Québec.

If the father or mother of a minor child is unable to fully carry out his or her responsibilities as legal tutor, he or she may designate a tutor to whom to delegate or assign their responsibilities. This person, known as a suppletive tutor, must be a member of the child’s extended family.

Minor children with a patrimony

Curateur public du Québec

If you have children under the age of 18 who have property and assets, you are responsible, as the children’s legal tutors, for the administration of this patrimony. You have an obligation to preserve the value of the patrimony (inheritance, life insurance, indemnities, annuities or any other tangible asset) so that it can be transferred to the children when they come of full age.

If you are the parent or suppletive tutor of a child whose property exceeds $25,000, you must inform the Curateur public du Québec. If both parents are deceased or incapable and you are a dative tutor, you must submit an administration report to the Curateur public, regardless of the value of the child’s patrimony (property and assets).

For details regarding the administration of a child’s patrimony, contact the Curateur public du Québec.

Online
www.curateur.gouv.qc.ca

By telephone
Montréal area: 514-873-4074
Elsewhere in Québec: 1-800-363-9020