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{{Dial-A-Law TOC|expanded = family}}
{{Dial-A-Law TOC|expanded = family}}
This script discusses issues relating to children born to parents who aren’t married, including parents in common-law relationships. These issues include birth registration, guardianship, parenting arrangements and contact, inheritance rights, and so on.
Under the law, a child born outside marriage is treated the same as a child born to married parents. However, there are some implications for parents and other practical considerations.  


==What is the legal status of a child born outside of marriage?==
=Understand the legal framework=
There is no legal difference in the status of a child born to someone who is married, to a single parent, to a person in a common-law relationship, to a couple in a same-sex relationship or to a couple in an opposite-sex relationship. A child born outside marriage is treated in exactly the same way as a child born to married parents.


==How is the birth registered when a child is born outside of marriage?==
==The legal status of a child born outside of marriage==
BC’s ''[http://www.bclaws.ca/Recon/document/ID/freeside/00_96479_01 Vital Statistics Act]'' requires that a child born in BC to be registered with the government by filing a Registration of Live Birth within 30 days after the birth. The Vital Statistics Act usually requires both parents to sign this form, unless one or both parents are incapable. If the father is unknown or doesn’t acknowledge that he is the father, the child’s mother can sign the birth registration alone.  
There is no legal difference in the status of a child born to someone who is married, to a single parent, to a person in a common-law relationship, to a couple in a same-sex relationship, or to a couple in an opposite-sex relationship. A child born outside marriage is treated in exactly the same way as a child born to married parents.


==How is the child’s last name chosen?==
==Registering the birth of a child born outside of marriage==
The parents may choose any last name they like, if they agree. Otherwise, the child’s last name will be a hyphenated combination of both surnames in alphabetical order. If only the birth mother signs the birth registration, she can choose the last name.
Under the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-479/latest/rsbc-1996-c-479.html#sec3_smooth law in BC], a child born in British Columbia must be registered with the government within 30 days after the birth. Birth registration can be done online at [https://www2.gov.bc.ca/gov/content/life-events/birth-adoption/births/birth-registration gov.bc.ca/vitalstatistics], unless additional parents (other than the mother and father) are being recorded. You can request a paper birth registration form by calling the [https://www2.gov.bc.ca/gov/content/life-events/birth-adoption/births/birth-registration Vital Statistics Agency], the government office that handles birth registrations. Call 250-952-2681 in Victoria, or 1-888-876-1633 elsewhere in BC.


==Can the child’s birth certificate be changed later to show the other parent?==
Both parents must sign the birth registration form, unless one or both parents are incapable. If the father is unknown or doesn’t acknowledge he is the father, the child’s mother can sign the birth registration alone.  
If the parents agree, they can change the birth registration to list them both as parents and, if they want, to change the child’s name. If they don’t agree, the other parent may apply to court to establish the child’s parentage and ask for a change to the child’s birth certificate, including a change to the child’s last name.


Before making name changes, however, the court must consider the change to be in the best interests of the child. The court must also consider the wishes of any child over age 7 and have the written consent of children over age 12 to the change in last name. If these conditions are satisfied, the court may order the last name to be the last name of either parent or a hyphenated combination of their last names.
==Choosing the child’s last name==
The parents may choose any last name they like for a child, if they agree. If the parents do not agree on a last name for a child, the child’s last name will consist of the parents’ surnames hyphenated or combined in alphabetical order.  


==The Vital Statistics Agency handles birth registrations==
If only the birth mother signs the birth registration, she can choose the child’s last name.
For more information, call the [https://www2.gov.bc.ca/gov/content/family-social-supports/seniors/health-safety/health-care-programs-and-services/vital-statistics Vital Statistics Agency] at 604.660.2937 in the lower mainland, 250.952.2681 in Greater Victoria, and toll free 1.800.663.8328 elsewhere in BC.


==Does a parent have to consent to the adoption of their child?==
==Placing a child for adoption==
Say a single mother wants her child to be adopted by another family. In this case, BC’s ''[http://www.bclaws.ca/Recon/document/ID/freeside/00_96005_01 Adoption Act]'' says that the consent of the biological father is usually required. The father must be notified about the proposed adoption, unless the court rules that it’s not in the child’s best interests or the circumstances justify not giving the father notification. There is also a Birth Father Registry that will ensure that registered fathers are notified of a proposed adoption.  
Under the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec4_smooth law in BC], a parent or guardian of a child may place the child for adoption. This starts a process to legally transfer parental responsibilities for the child to another family.  


For more information on adoption, check script [[Adoption (Script 145)|145]] on “Adoption” and script [[Adoption Registries (Script 146)|146]] on “Adoption Registries”.
A '''birth mother'''’s consent to an adoption is required unless the child is in the permanent care of the child welfare authorities. A birth mother’s consent to the adoption of her child is valid only if the child is at least 10 days old when the consent is given. The consent must be in a specific written form, and other documents are also required.


==Are parents automatically guardians of their child?==
'''A biological father'''’s consent is usually required too, but there are exceptions. For example, a court can be asked to do away with the biological father’s consent if he can’t be located or if to do so is in the child’s best interests.
Sometimes. The ''[http://www.bclaws.ca/civix/document/id/lc/statreg/11025_01 Family Law Act]'' says that parents who are living together when their child is born are the child’s guardians until they separate. And in this situation, parents are generally guardians after they separate, as well. But parents who never lived together after their child was born are not guardians unless:
 
*they are a parent because an assisted reproduction agreement says they are a parent;
For more on adoption, see our information on [[Adoption (Script 145)|adoption (no. 145)]] and [[Adoption Registries (Script 146)|adoption registries (no. 146)]].
*the parent and all of the child's guardians make an agreement that the parent is also a guardian;
 
==Parents are generally guardians of their child==
Under the [https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html#sec39_smooth law in BC], while a child’s parents are living together, each parent is the child’s '''guardian'''.
 
Guardians generally, but not always, have '''parental responsibilities''' for a child. This means they can make decisions for and about a child. We explain this shortly.
 
A parent who never lives with their child is not the child's guardian unless one of the following applies:
*they are a parent under a written agreement providing for the child’s birth through assisted reproduction,
*the parent and all of the child's guardians make an agreement that the parent is also a guardian, or
*the parent regularly cares for the child.
*the parent regularly cares for the child.


If a parent isn’t a guardian, the parent can apply to the court to be appointed as the guardian of their child. The law in this area is complicated; so you should speak with a lawyer before making a court application.
If a parent isn’t a guardian, the parent can apply to the court to be appointed as the guardian of their child. We explain this shortly.


==What does guardianship mean?==
==Guardians generally have parental responsibilities for a child==
People who are the guardians of a child may be entitled to parental responsibilities, but it is not guaranteed: the responsibility to decide how to raise the child, based on the child’s best interests. Parental responsibilities include deciding where the child lives and goes to school, how the child gets treated when sick, and giving or withholding permission on behalf of the child. A parent who is not a guardian cannot have parental responsibilities.
'''Parental responsibilities''' means having the responsibility to decide how to raise the child, based on the child’s best interests. Parental responsibilities include deciding where the child lives and goes to school, how the child gets treated when sick, and giving or withholding permission on behalf of the child.


Parental responsibilities can be shared between two or more guardians, meaning that all the guardians are responsible for making decisions about the child and must consult each other before making decisions. Parental responsibilities can be allocated among guardians, so that a guardian has sole responsibility for certain kinds of decisions, and can make those decisions without having to consult the other guardians. The allocation of parental responsibilities can be done through a separation agreement or parenting plan agreement signed by all the guardians or by a court order, if an agreement cannot be reached.
Parental responsibilities can be shared between two or more guardians, meaning that all the guardians are responsible for making decisions about the child and must consult each other before making decisions. Parental responsibilities can be allocated among guardians, so that a guardian has sole responsibility for certain kinds of decisions, and can make those decisions without having to consult the other guardians. The allocation of parental responsibilities can be done through a separation agreement or parenting plan agreement signed by all the guardians. The allocation can also be done by a court order, if an agreement cannot be reached.


The time a guardian spends with a child is called parenting time. During a guardian’s parenting time, the guardian is responsible for the care of the child and decision-making about day-to-day matters involving the child.
The time a guardian spends with a child is called '''parenting time'''. During a guardian’s parenting time, the guardian is responsible for the care of the child and decision making about day-to-day matters involving the child.


==What if a parent isn’t a guardian?==
==If a parent isn’t a guardian==
A parent or a person (such as grandparents, aunts, uncles)  who is not a guardian of a child, does not have any parental responsibilities for the child and is not entitled to be consulted when decisions are being made about the child.
A parent who is not a guardian of a child does not have parental responsibilities for the child. They are not entitled to be consulted when decisions are being made about the child.


The time someone who is not a guardian has with a child is called '''contact'''.
The time someone who is not a guardian has with a child is called '''contact'''.


==How do you apply to be appointed as a guardian?==
Only people who aren’t already guardians need to be appointed as a guardian. To be appointed, you must apply to court and must complete a special affidavit required by the court rules. This affidavit requires you to get a criminal records check, a protection order registry check, and a records check from the Ministry for Children and Family Development, and to provide certain information about the children that are and have been in your care. If the child you are seeking to be guardian of is at least 12 years old, you need their consent to become their guardian.


==Can you get child support for children born outside marriage?==
Child support is a right of the child and each parent is legally responsible for the financial support of their children, whether the parents are married to each other or not.


For more information on child support, check script [[Child Support (Script 117)|117]] on "Child Support”.
=Common questions=
 
==How can I become a child’s guardian?==
If you are not a guardian of a child and you want to become a guardian, your choices depend on your relationship to the child and the views of the child's other guardians:
*If you are a parent, you can become a guardian by an agreement with the child's guardians.
*If you are not a parent or if the other guardians don’t agree with you becoming a guardian, you can apply to court to be made a guardian.
*You can also become a guardian, whether you're a parent or not, through a guardian's will or an appointment when a guardian dies or becomes incapacitated.
 
If you '''apply to court''' to become a guardian, the [https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html#sec51_smooth law in BC] requires you to provide certain information about why the order would be in the best interests of the child. You must complete a special '''affidavit''' (a legal document where you make statements about facts you say are true), get a criminal records check, a records check from the child welfare authorities, and provide certain information about any children that are and have been in your care. 
 
==Can I get child support for a child born outside marriage?==
'''Child support''' is a right of the child. Each parent is legally responsible for the financial support of their children, whether the parents are married to each other or not. For more on these responsibilities, see our information on [[Child Support (Script 117)|child support (no. 117)]].
 
==What are the inheritance rights of a child born outside of marriage?==
The right of any child to an inheritance depends on whether the parent made a will and whether the parent has a spouse or other children at the time of their death.
 
Under the [https://www.canlii.org/en/bc/laws/stat/sbc-2009-c-13/latest/sbc-2009-c-13.html#sec21_smooth law in BC], if a person dies without a will and has a spouse, the spouse is entitled to a certain share of the deceased’s estate. The deceased’s children split what’s left, whether they’re born outside marriage or to married parents.
 
If a person dies without a will and doesn’t have a spouse, the deceased’s children are entitled to share in the estate, whether they’re born outside marriage or not.
 
If a person dies with a will, their children receive whatever the deceased left to them in the will. But any child (whether born outside of marriage or to married parents) can apply to court to vary the will if they feel their portion of the estate is not "adequate, just and equitable in the circumstances". [https://www.canlii.org/en/bc/laws/stat/sbc-2009-c-13/latest/sbc-2009-c-13.html#sec60_smooth BC law] requires a person in their will to make adequate provision for the proper maintenance and support of their spouse and children.
 
For more on inheritance rights, see our information on [[The Disappointed Beneficiary (Script 179)|the disappointed beneficiary (no. 179)]] and [[What Happens When You Die Without a Will? (Script 177)|what happens when you die without a will (no. 177)]].
 
==Can a child’s birth certificate be changed later to show the other parent?==
If the parents agree, they can change a child’s birth registration to list them both as parents. The parents can also change the child’s name on the birth registration.
 
If the parents don’t agree, the other parent may apply to court to establish the child’s parentage and ask for a change to the child’s birth certificate, including a change to the child’s last name.
 
Before making name changes, however, the court must consider the change to be in the best interests of the child. The court must also consider the wishes of any child over age seven and have the written consent of children over age 12 to the change in last name. If these conditions are satisfied, the court may order the last name to be the last name of either parent or a hyphenated combination of their last names.
 
 


==What are the inheritance rights of children born outside of marriage?==
=Get help=
Inheritance rights depend on whether the parent made a will and whether the parent has a spouse or other children at the time of death:
*If a person has a spouse and dies without a will, the spouse is entitled to a certain share of the dead person’s estate and the person’s children split what’s left, whether they’re born outside marriage or not.
*If a person dies without a will and doesn’t have a spouse, the person’s children are entitled to share in the estate, whether they’re born outside marriage or not.
*If a person dies with a will, children born outside of marriage will receive whatever the dead person has left to them in their will. But the child can apply to vary the will if they believe that they didn’t receive a fair share of the dead person’s estate.


For more information on inheritance rights, check script [[The Disappointed Beneficiary (Script 179)|179]] on "The Disappointed Beneficiary” and script [[What Happens When You Die Without a Will? (Script 177)|177]] on “What Happens When You Die without a Will”. Wills can be complicated, so you should get advice from a lawyer.
==With more information==


==More information==
The wikibook '''''JP Boyd on Family Law''''' explains the legal issues affecting children.
*Check the [http://wiki.clicklaw.bc.ca/index.php/Children_in_Family_Law_Matters Children page] of ''JP Boyd on Family Law''.
:Web: [http://wiki.clicklaw.bc.ca/index.php/Children_in_Family_Law_Matters wiki.clicklaw.bc.ca]
*Check the [http://wiki.clicklaw.bc.ca/index.php/Guardianship,_Parenting_Arrangements_and_Contact Guardianship, Parenting Arrangements and Contact page] of the same website.




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[updated October 2018]
[updated October 2018]


'''The above was last edited John Blois.'''
'''The above was last reviewed by [https://www.southcoastlaw.ca/renee-aldana/ Renée Aldana], South Coast Law Group.'''


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