Paternity/Parentage Issues

Paternity/Parentage Issues

Paternity/Parentage Issues

Toronto Paternity Lawyers

There is no distinction between children born in or out of wedlock. Ontario gives all children equal status and protection.

Sometimes a dispute arises as to whether a person is the natural parent of a child.

The parentage of a child can be established by bringing an application to the Provincial Court (Ontario Court of Justice) seeking a finding and a declaration of paternity.

Where paternity of a child is an issue, the court can make an order for blood tests to determine the parentage of a child. The results of blood tests (DNA) can be very persuasive in establishing paternity.

Without blood tests, the law makes certain presumptions to determine the parentage of a child.

Presumptions of Paternity

The law resumes that a male person is the father of a child under the following circumstances:

1. The person is married to the child’s mother at the time of the birth of the child.
2. The person was married to the mother of the child by a marriage that was terminated by death or judgment of nullity within 300 days before the birth of the child or by divorce where the decree nisi was granted within 300 days before the birth of the child.
3. The person marries the mother of the child after the birth of the child and acknowledges that he is the natural father.
4. The person was cohabiting with the mother of the child in a relationship of some permanence at the time of the birth of the child or the child is born within 300 days after they ceased to cohabit.
5. The person has certified the child’s birth as the child’s father under the Vital Statistics Act or a similar Act in another jurisdiction in Canada.
6. The person has been found or recognized in his lifetime by a court of competent jurisdiction in Canada to be the father of the child.
7. A written acknowledgement of parentage by the male person that is admitted in evidence in any civil proceeding.

Where a presumption of paternity exists, the court will make a declaratory order confirming that the paternity is recognized in law unless the presumed father can prove that he is not the child’s father.

In addition, where any of these presumptions of paternity apply to more than one male person, then no presumption shall be made as to paternity and the court will have to determine whether the male person is the father of the child.

Where there is a declaration of paternity, an application to re-open the issue of paternity can be made where there is fresh or new evidence that was not available at the time of the original hearing.

To speak with a Toronto paternity lawyer, please call (416) 972-0404 or toll free (855) 396-1207.