Sometimes, for a variety of reasons, it is not always evident who a child’s father is. When a mother seeks child support or a father wishes to be involved in a child’s upbringing, it is sometimes necessary to legally establish paternity. A skilled family lawyer could assist with this process to ensure that it is clear and smooth for everyone involved.
As an Oakville paternity lawyer could attest, there is no need for a court proceeding in many cases. When paternity is challenged and the parties must litigate, the tenacious lawyers at The Riley Divorce & Family Law Firm provide zealous representation to help you achieve your goals.
The Ontario Children’s Law Reform Act, s. 7(2) describes multiple scenarios in which a man is legally presumed to be the father of a child.
When a wife gives birth, her husband is presumed to be the father of the child. If the marriage had ended due to death, annulment, or divorce when the child was born, but the couple were married within 300 days of the child’s birth, the former husband is presumed to be the child’s father. When a couple marries after the birth, and the man holds himself out as the child’s father, the law presumes he is the father.
Fatherhood is presumed when a child is born while a couple is cohabitating or within 300 days of their cohabitation.
A man establishes his paternity by signing the child’s birth registration. Both parents must sign the registration for it to be effective.
In other situations, establishing paternity requires a court proceeding to obtain a declaration of parentage. When a man who is legally presumed to be a child’s father wishes to dispute their parentage, a court proceeding is necessary to override the legal presumption. An Oakville lawyer could explain the procedures and provide capable representation throughout the process of determining paternity.
Court action is necessary in two scenarios. When only one parent signs the birth registration, and the mother wants child support, or the father wants to exercise parental rights, they must petition the court. The other situation that requires judicial intervention is when a parent wishes to overturn the legal presumption of paternity.
Overturning the legal presumption of paternity requires the person bringing the claim to present evidence establishing that another person is the child’s father. The evidence does not need to be incontrovertible, but a judge must find the balance of probabilities to favor the notion that another man is the child’s father. When the parties take a genetic test to establish paternity, the results of the test are just one item of evidence the court can consider—it is not legally dispositive.
The law recognizes that paternity is not just a matter of biology. A court could name a man the father of a child even when DNA evidence points to another man. The child’s best interest is always the court’s primary consideration. When a man has an emotional relationship with a child that is paternal, a court can declare that man the child’s father despite scientific evidence indicating otherwise, and an Oakville lawyer could help with this process.
Changes in law have been required to accommodate modern family structures and reproductive technology. Ontario attempts to address these issues through the All Families Are Equal Act.
When a birth parent is married when they conceived through assisted reproduction technology (ART), the spouse is a parent to the resulting child. The person who contributes biological material for an ART procedure is not the child’s parent unless they agree to be so or would be the parent under other provisions of the Children’s Law Reform Act. A surrogate and their spouse are not the parents of a child born through a surrogacy agreement.
The law’s application is nuanced and still developing. When considering ART and paternity issues, seeking advice from an experienced Oakville lawyer is essential.
Having two legal parents can be necessary for the welfare of a child. If your child has only one, or if you wish to challenge a presumption of paternity, contact The Riley Divorce & Family Law Firm and speak with an Oakville paternity lawyer.
Our legal team could evaluate your situation and advise you on the most efficient way to proceed. They are available around the clock to address your concerns. Get started today during a consultation meeting.
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