Why is the determination of paternity important?

Determination of paternity is important since a father has an obligation to pay child support. A father has both rights and responsibilities towards the child, the same as the mother. The declared father may be entitled to parenting time and may have decision-making rights regarding the child’s welfare. This includes the right to make decisions about the child’s upbringing, education, and healthcare, as well as the responsibility to provide emotional support and maintain a relationship with the child. Both parents are expected to work together in the best interests of the child.

What is an Acknowledgement of Paternity Form and where do you get one?

An Acknowledgement of Paternity Form can be completed if both parents agree on the identity of the child’s father. They can be picked up and signed at any Service Ontario location in front of a witness who is usually the representative at Service Ontario. The father’s name will be added to the child’s birth certificate, and he will be recognized as the child’s legal father once the form is signed.

What happens after the acknowledgement form is signed and witnessed?

After the form is signed and witnessed, the father’s name is added to the birth certificate.

What is a declaration of parentage? And under what sections of the Children’s Law Reform Act (CLRA) do you ask the court to make it?

A declaration of parentage is the process of asking the court to determine whether an individual is the child’s father. This is done under section 17.2(1) of the CLRA.

What options does the court give to potential fathers to prove they are not the father?

The court will usually order a DNA test to determine whether or not an individual is the biological father. If the potential father refuses to be tested, the court will usually assume that the individual is the biological father. However, each case is different and all evidence is taken into consideration. Potential fathers should file all evidence as to why they are not the father with the court.

Who can apply to the court for a court order for a DNA test?

Either parent can apply to the court for a paternity test. If the parent is shown to be the father, he will be added to the birth certificate and recognized as the biological father. 

What is involved in a DNA test? And what does it require? Can it be ordered?

A DNA test compares the child’s DNA profile with that of the father. It is highly accurate and minimally invasive. The procedure usually involves taking a cheek swab from the child, the alleged father, and the mother. After the tests are completed, they are sent to a lab where the results determine whether or not the individual in question is the biological father of the child. A court order for a DNA test can be obtained if either parent disagrees with the identity of the child’s biological father. Either parent can apply to the court to establish paternity.

What does the court consider to determine paternity?

The court uses all available evidence to determine biological paternity. For example, documented evidence of an affair could be helpful. However, a DNA test is the main form of evidence considered, and refusing to complete it will be considered as evidence that the individual could be the child’s biological father. DNA tests are minimally invasive and highly accurate. The court also considers a legal presumption of paternity in cases where an individual is not the biological father, but has been acting in the role of a father. 

 When is there a legal presumption of paternity under section 8 of the Children’s Law Reform Act?

The court has the jurisdiction to establish a “presumption of paternity” automatically, if no external steps are taken. A legal presumption of paternity (and thus responsibility to pay child support) is established if any of the following are true:

• If the individual was married to the child’s mother at the time the child was born
• If the individual was living with the child’s mother “in a relationship of some permanence” at the time the child was born, or within 300 days before the child was born
• If the individual was married to the child’s mother in a marriage that was terminated within 300 days before the child was born (by divorce, annulment, or death)
• If the individual married the child’s mother after the child was born, and acknowledged that he is the natural father
• If the individual certified that they were the father by voluntarily signing the birth registration
• If the individual was found to be the father by a Canadian court.