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==How is the birth registered when a child is 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 must 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.
==How is the child’s last name chosen?==
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.
==Can the child’s birth certificate be changed later to show the other parent?==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.
==The Vital Statistics Agency handles birth registrations==
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 if you live elsewhere in BC. Also, check the Agency’s website at [http://www.vs.gov.bc.ca/ www.vs.gov.bc.ca].
==Does a parent have to consent to the adoption of his or her their child?==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.
For more information on adoption, refer to refer to check script [[Adoption (Script 145)|145]] on “Adoption” and script [[Adoption Registries (Script 146)|146]] on “Adoption Registries”.
==Is a parent Are parents automatically a guardian guardians of his or her their child?==Sometimes. The ''Family Law Act'' says that parents who live are living together after when their child’s birth child is born are the child’s guardiansuntil they separate. And in this situation, both during their relationship and parents are generally guardians after they separate, as well. For But parents who never lived together after their child was born, they are not guardians unless:
*they are a parent because an assisted reproduction agreement says they are a parent;
*the parent and all of the child's guardians make an agreement that the parent is also a guardian;
*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 his or her their child. The law in this area is complicated; it is recommended that so you should speak with a lawyer before making a court application.
==What does “guardianship” guardianship mean?==People who are the guardians of a child have may be entitled to parental responsibilities; , but it is not guaranteed: the responsibility for making decisions about to decide how to raise the child is nurtured and raised, and the duty of making those decisions in based on the child’s best interests. Parental responsibilities include making decisions about 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 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.
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 does it mean 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.
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, refer to check script [[Child Support (Script 117)|117]] on "Child SupportSupport”.”
==What are the inheritance rights of children born outside of marriage?==
*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 dead person’s 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 his or her their will. However, But the child can apply to vary the will if the child believes they believe that he or she they didn’t receive a fair share of the dead person’s estate.
For more information on inheritance rights, refer to check script [[The Disappointed Beneficiary (Script 179)|179]] on "The Disappointed Beneficiary” and script [[What Happens When You Die Without without a Will? (Script 177)|177]] on “What Happens When You Die without a Will”. As wills Wills can be complicated, so you should get advice from a lawyer.
==More information==
*For more information about family law and children, see Check the [http://wiki.clicklaw.bc.ca/index.php/Children_in_Family_Law_Matters Children page] of the ''wikibook JP Boyd on Family Law'', hosted by Courthouse Libraries BC.*For more information about guardianship, contact and applications to be appointed as a guardian, see Check the [http://wiki.clicklaw.bc.ca/index.php/Guardianship,_Parenting_Arrangements_and_Contact Guardianship, Parenting Arrangements and Contact page]of the same website.
[updated April 2017October 2018]
'''The above was last reviewed for legal accuracy by Zahra H. Jimaleedited John Blois.'''
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