Acts and Regulations

F-2.2 - Family Services Act

Section 103
Disposition versions

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Presumptions of paternity
103(1)Unless the contrary is proven on a balance of probabilities a man is presumed to be and he shall be recognized in law to be the father of a child in any one of the following circumstances, namely
(a) the man is married to the mother of the child at the time of the birth of the child;
(b) the man was married to the mother of the child by a marriage that was terminated by the death of the man or by a decree of nullity of marriage within three hundred days before the birth of the child, or by divorce where the decree nisi was granted or the judgment granting the divorce was rendered within three hundred days before the birth of the child;
(c) the man marries the mother of the child after the birth of the child and acknowledges that he is the natural father;
(d) the man was cohabiting with the mother of the child at the time of the birth of the child or the child is born within three hundred days after they ceased to cohabit;
(e) the man and the mother of the child have filed a statutory declaration affirming that he is the natural father of the child under section 105 or under a similar provision of an Act of another province;
(f) the man has signed the birth registration form under section 9 of the Vital Statistics Act;
(g) the man has been found or recognized in his lifetime by a court of competent jurisdiction in Canada to be the father of the child.
103(2)For the purpose of subsection (1), where a man and a woman go through a form of marriage with each other, in good faith, that is void and cohabit, they shall be deemed to be married during the time they cohabit and the marriage shall be deemed to be terminated when they cease to cohabit.
103(3)Subject to subsection (4), where circumstances exist that give rise under subsection (1) to conflicting presumptions as to the paternity of a child no presumption shall be made as to paternity and no person shall be recognized in law to be the father by virtue of this section.
103(4)Notwithstanding subsection (3), where there are conflicting presumptions as to paternity arising under paragraphs (1)(a) and (1)(e), the presumption under paragraph (1)(e) shall be made and prevails if at the time of the conception of the child the mother of the child was not cohabiting with the person presumed to be the father under paragraph (1)(a).
1986, c.34, s.1
Presumptions of paternity
103(1)Unless the contrary is proven on a balance of probabilities a man is presumed to be and he shall be recognized in law to be the father of a child in any one of the following circumstances, namely
(a) the man is married to the mother of the child at the time of the birth of the child;
(b) the man was married to the mother of the child by a marriage that was terminated by the death of the man or by a decree of nullity of marriage within three hundred days before the birth of the child, or by divorce where the decree nisi was granted or the judgment granting the divorce was rendered within three hundred days before the birth of the child;
(c) the man marries the mother of the child after the birth of the child and acknowledges that he is the natural father;
(d) the man was cohabiting with the mother of the child at the time of the birth of the child or the child is born within three hundred days after they ceased to cohabit;
(e) the man and the mother of the child have filed a statutory declaration affirming that he is the natural father of the child under section 105 or under a similar provision of an Act of another province;
(f) the man has signed the birth registration form under section 9 of the Vital Statistics Act;
(g) the man has been found or recognized in his lifetime by a court of competent jurisdiction in Canada to be the father of the child.
103(2)For the purpose of subsection (1), where a man and a woman go through a form of marriage with each other, in good faith, that is void and cohabit, they shall be deemed to be married during the time they cohabit and the marriage shall be deemed to be terminated when they cease to cohabit.
103(3)Subject to subsection (4), where circumstances exist that give rise under subsection (1) to conflicting presumptions as to the paternity of a child no presumption shall be made as to paternity and no person shall be recognized in law to be the father by virtue of this section.
103(4)Notwithstanding subsection (3), where there are conflicting presumptions as to paternity arising under paragraphs (1)(a) and (1)(e), the presumption under paragraph (1)(e) shall be made and prevails if at the time of the conception of the child the mother of the child was not cohabiting with the person presumed to be the father under paragraph (1)(a).
1986, c.34, s.1