Acts and Regulations

F-2.2 - Family Services Act

Full text
Declaratory orders of parentage
100(1)Subject to subsection (7), any person having an interest in the matter may apply to the court for a declaratory order that a man is recognized in law to be the father of a child or that a woman is the mother of a child.
100(2)Where the court finds on the balance of probabilities that the relationship of mother and child has been established, the court may make a declaratory order to that effect.
100(3)Where the court finds that a presumption of paternity exists under section 103 and unless it is established, on the balance of probabilities, that the presumed father is not the father of the child, the court may make a declaratory order confirming that the paternity is recognized in law.
100(4)Notwithstanding that there is no person recognized in law under section 103 to be the father of a child, where the court finds on the balance of probabilities that the relationship of father and child has been established the court may make a declaratory order to that effect.
100(5)An order shall not be made under subsection (4) unless both the man and the child were living at the time the application was made.
100(6)Subject to sections 101 and 102, an order made under this section shall be recognized for all purposes.
100(7)Where the mother of a child has consented to the adoption of her child,
(a) no person may apply to the court for a declaratory order that a man is recognized in law to be the father of the child, unless that application is made within thirty days after the date of the mother’s consent;
(b) a person who applies to the court for a declaratory order that a man is recognized in law to be the father of a child shall give notice of the application to the Minister by registered mail;
(c) the Minister shall notify the mother of the child of the application and determine whether the mother wishes to revoke her consent to the adoption of her child;
(d) the Minister shall deliver the custody of the child to the man if he is recognized in law to be the father of the child and the mother does not revoke her consent to the adoption of her child.
1997, c.2, s.16; 2007, c.20, s.26; 2016, c.37, s.66; 2019, c.2, s.54
Declaratory orders of parentage
100(1)Subject to subsection (7), any person having an interest in the matter may apply to the court for a declaratory order that a man is recognized in law to be the father of a child or that a woman is the mother of a child.
100(2)Where the court finds on the balance of probabilities that the relationship of mother and child has been established, the court may make a declaratory order to that effect.
100(3)Where the court finds that a presumption of paternity exists under section 103 and unless it is established, on the balance of probabilities, that the presumed father is not the father of the child, the court may make a declaratory order confirming that the paternity is recognized in law.
100(4)Notwithstanding that there is no person recognized in law under section 103 to be the father of a child, where the court finds on the balance of probabilities that the relationship of father and child has been established the court may make a declaratory order to that effect.
100(5)An order shall not be made under subsection (4) unless both the man and the child were living at the time the application was made.
100(6)Subject to sections 101 and 102, an order made under this section shall be recognized for all purposes.
100(7)Where the mother of a child has consented to the adoption of her child,
(a) no person may apply to the court for a declaratory order that a man is recognized in law to be the father of the child, unless that application is made within thirty days after the date of the mother’s consent;
(b) a person who applies to the court for a declaratory order that a man is recognized in law to be the father of a child shall give notice of the application to the Minister of Families and Children by registered mail;
(c) the Minister of Families and Children shall notify the mother of the child of the application and determine whether the mother wishes to revoke her consent to the adoption of her child;
(d) the Minister of Families and Children shall deliver the custody of the child to the man if he is recognized in law to be the father of the child and the mother does not revoke her consent to the adoption of her child.
1997, c.2, s.16; 2007, c.20, s.26; 2016, c.37, s.66
Declaratory orders of parentage
100(1)Subject to subsection (7), any person having an interest in the matter may apply to the court for a declaratory order that a man is recognized in law to be the father of a child or that a woman is the mother of a child.
100(2)Where the court finds on the balance of probabilities that the relationship of mother and child has been established, the court may make a declaratory order to that effect.
100(3)Where the court finds that a presumption of paternity exists under section 103 and unless it is established, on the balance of probabilities, that the presumed father is not the father of the child, the court may make a declaratory order confirming that the paternity is recognized in law.
100(4)Notwithstanding that there is no person recognized in law under section 103 to be the father of a child, where the court finds on the balance of probabilities that the relationship of father and child has been established the court may make a declaratory order to that effect.
100(5)An order shall not be made under subsection (4) unless both the man and the child were living at the time the application was made.
100(6)Subject to sections 101 and 102, an order made under this section shall be recognized for all purposes.
100(7)Where the mother of a child has consented to the adoption of her child,
(a) no person may apply to the court for a declaratory order that a man is recognized in law to be the father of the child, unless that application is made within thirty days after the date of the mother’s consent;
(b) a person who applies to the court for a declaratory order that a man is recognized in law to be the father of a child shall give notice of the application to the Minister by registered mail;
(c) the Minister shall notify the mother of the child of the application and determine whether the mother wishes to revoke her consent to the adoption of her child;
(d) the Minister shall deliver the custody of the child to the man if he is recognized in law to be the father of the child and the mother does not revoke her consent to the adoption of her child.
1997, c.2, s.16; 2007, c.20, s.26
Declaratory orders of parentage
100(1)Any person having an interest in the matter may apply to the court for a declaratory order that a man is recognized in law to be the father of a child or that a woman is the mother of a child.
100(2)Where the court finds on the balance of probabilities that the relationship of mother and child has been established, the court may make a declaratory order to that effect.
100(3)Where the court finds that a presumption of paternity exists under section 103 and unless it is established, on the balance of probabilities, that the presumed father is not the father of the child, the court may make a declaratory order confirming that the paternity is recognized in law.
100(4)Notwithstanding that there is no person recognized in law under section 103 to be the father of a child, where the court finds on the balance of probabilities that the relationship of father and child has been established the court may make a declaratory order to that effect.
100(5)An order shall not be made under subsection (4) unless both the man and the child were living at the time the application was made.
100(6)Subject to sections 101 and 102, an order made under this section shall be recognized for all purposes.
1997, c.2, s.16