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{{Dial-A-Law TOC|expanded = family}}
==What is Understand the legal status of a child born outside of marriage?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 The legal status of 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 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 BC a common-law relationship, 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 formcouple in a same-sex relationship, unless one or both parents are incapableto a couple in an opposite-sex relationship. If the father is unknown or doesn’t acknowledge that he A child born outside marriage is treated in exactly the father, the child’s mother can sign the birth registration alonesame way as a child born to married parents.
==How is Registering the child’s last name chosen?birth of a child born outside of marriage==The parents may choose any last name they like, if they agreeUnder the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-479/latest/rsbc-1996-c-479. Otherwisehtml#sec3_smooth law in BC], a child born in British Columbia must be registered with the child’s last name will government within 30 days after the birth. Birth registration can be a hyphenated combination of both surnames in alphabetical orderdone online at [https://www2.gov.bc.ca/gov/content/life-events/birth-adoption/births/birth-registration gov.bc. If only ca/vitalstatistics], unless additional parents (other than the mother and father) are being recorded. You can request a paper birth mother signs registration form by calling the [https://www2.gov.bc.ca/gov/content/life-events/birth -adoption/births/birth-registrationVital Statistics Agency], she can choose the last namegovernment office that handles birth registrations. Call 250-952-2681 in Victoria, or 1-888-876-1633 elsewhere in BC.
==Does Placing a parent have to consent to the child for adoption of their child?==Say a single mother wants her child to be adopted by another family. In this case, BC’s ''Under the [httphttps://www.bclawscanlii.caorg/en/Reconbc/documentlaws/IDstat/freesidersbc-1996-c-5/00_96005_01 Adoption Actlatest/rsbc-1996-c-5.html#sec4_smooth law in BC]'' says that the consent , a parent or guardian of a child may place the biological father is usually required. The father must be notified about the proposed child for 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 This starts a Birth Father Registry that will ensure that registered fathers are notified of a proposed adoptionprocess to legally transfer parental responsibilities for the child to another family.
'''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. For more on adoption, see our information on [[Adoption (Script 145)|adoption (no. 145)]] and [[Adoption Registries (Script 146)|adoption registries (no. 146)]]. ==Are parents automatically Parents are generally guardians of their child?==Sometimes. The ''Under the [httphttps://www.bclawscanlii.caorg/civixen/documentbc/idlaws/lcstat/statregsbc-2011-c-25/11025_01 Family Law Actlatest/sbc-2011-c-25.html#sec39_smooth law in BC]'' says that , while a child’s parents who are living together when their child , each parent is born are the child’s guardians until '''guardian'''. Guardians generally, but not always, have '''parental responsibilities''' for a child. This means they separatecan make decisions for and about a child. And in We explain this situation, parents are generally guardians after they separate, as wellshortly. But parents A parent who never lived together after lives with their child was born are is not guardians the child's guardian unlessone of the following applies:*they are a parent because an under a written agreement providing for the child’s birth through 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;, or
*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 We explain this area is complicated; so you should speak with a lawyer before making a court applicationshortly.
==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 '''Parental responsibilities, but it is not guaranteed: ''' 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. 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 . 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.
==What if 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 . 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'''.
=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, check script [[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"Child Support”.[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.
=Get help=What are the inheritance rights of children born outside of marriage?==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.
[updated October 2018]
'''The above was last edited John Bloisreviewed by [https://www.southcoastlaw.ca/renee-aldana/ Renée Aldana], South Coast Law Group.'''
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