Filiation is the legal link which unites a child with his parents. Filiation is the legal recognition that a man is the father of a child or a woman is the mother of a child. A child may only have two parents.

There are four ways of establishing filiation:

• By the act of birth of the child. After birth, a document called the “declaration of birth” must be completed and sent to the Registrar of Civil Status. Parents write their names on this document and these names are recorded on the child’s act of birth. The act of birth is the main way of establishing filiation: the other ways are used if this way cannot be used.
  
  
• By uninterrupted possession of status. If a person’s name does not appear on the child’s act of birth, he can establish his filiation by uninterrupted possession of status. A person has uninterrupted possession of status when he acts like a parent, considers himself to be a parent, and is recognized as a parent by the family circle. The possession of status must be uninterrupted for a period of time that is long enough.
  
  
• By presumption of paternity. When a child is born during the marriage or civil union of a heterosexual couple (or within 300 days of the dissolution or annulment of the marriage or civil union), the man is presumed to be the father. There is also a presumption of parenthood in favour of the same sex spouse of a woman.
  
  
• By voluntary acknowledgement. If the status of a parent cannot be established by any of the three ways mentioned above, it can be established by a voluntary declaration of a person stating that he is the parent of the child.

Apart from these four ways of establishing filiation, the filiation of a child can also be established:

• By adoption. Adoption replaces the original filiation with a new filiation. An adoptive parent has the same rights and obligations as a biological parent.
  
  
• By judgment. Sometimes, none of the four ways of establishing filiation mentioned above can be used or filiation is contested. A parent who wants to see his rights recognized (or extinguished) or who wants to get financial aid must go to court and prove his arguments using all available means: photos, testimony, DNA evidence, etc.

In matters of filiation, the interest of the child and the stability of families are given more importance than biology. This is why no one can contest the filiation of a child and a parent whose name appears on the act of birth and who has uninterrupted possession of status.

Here is an example. Luka signed Mattis’ declaration of birth, when Mattis was born 5 years ago. Therefore, Luka’s name appears on Mattis’ act of birth. Luka has been Mattis’ father since then. Vladimir, who is Mattis’ biological father, has had no contact with him. Vladimir cannot now contest Luka’s filiation and have himself be legally recognized as Mattis’ father.

Filiation results in rights and obligations. Parents have rights and obligations related to the custody, supervision, and education of their children. These rights and obligations are called parental authority. If parents separate (or even if they have never lived together), they have the right to the custody of their child; a parent can also obtain access rights. A child’s parents also have the right to participate in important decisions concerning him, such as the medical care he receives, the school he attends, or his religious beliefs.

A child’s parents are his tutors until he becomes an adult. This means that they must protect his interests and if necessary, represent him in the exercise of his rights. A parent must nourish and take care of his child. In some cases, a parent can be held liable for damages caused by his child to another person.

Filiation also gives rights to a child. A child has the right to be protected, safe, and receive attention from his parents. If one of the parents dies without a will, the child automatically inherits a part of the deceased parent’s estate.

Yes. As explained in the first question, there are many situations in which a man can be legally considered a child’s father even if he did not conceive the child:

• He adopts the child;
  
  
• He signs the declaration of birth as the father;
  
  
• He always acts as the child’s father (unless filiation is already established in favour of another man). Let’s look at Julien’s case as an example. Since his biological father did not sign the act of birth and never took care of Julien, Roberto’s uninterrupted possession of status establishes his filiation;
  
  
• He is married to or in a civil union with the child’s mother when the child is born or the birth occurs within 300 days of the legal end of the marriage or civil union (unless the child is born after the woman marries again or enters into another civil union). This type of filiation (by “presumption of paternity”) is presumed. Therefore, it can be contested by the mother, the new spouse, or the ex-spouse within one year from the child’s birth, or from the day that the person who is contesting becomes aware of the birth.

No. The Civil Code now states that, in order to have your name recorded on the child’s act of birth, it is sufficient if your name appears on the “declaration of birth”. If only the mother’s name appears on the act of birth, uninterrupted possession of status will be sufficient to establish filiation.

It is a little easier. When parents are married or in a civil union, one of them can declare the other’s filiation in the “declaration of birth”. But when parents are in a de facto union or don’t live together, the parent who signs the declaration must obtain the other parent’s authorisation to write his name on the declaration, or better yet, the declaration must be signed by both parents.

It depends on whether or not people oppose your recognition as a parent.

Here is an example. Let’s suppose that when your child was born, you were no longer living together with the mother and you did not have your name written on the act of birth. A few years later, if you and the mother of your child want your name to be written on the act of birth, you can ask the Registrar of Civil Status to register it, if three conditions are met:

• There is no link of paternity established in favour of another man (in any way);
  
• A notice is published and no one opposes the registration within 20 days of the notice’s publication;
  
• The child, if he is 14 years old or older, agrees.

But if someone opposes your recognition as a parent, you must go to court and prove your filiation. All methods of presenting evidence are allowed, including “domestic writings” (letters, greeting cards, etc.). For example, if you are invoking uninterrupted possession of status, you can present witnesses who will state that your family circle has always considered you to be a parent of this child and that you have always acted like a parent. You could present letters from a school which address you as the father and drawings that identify you as “daddy”.

Possibly, but this does not make you their parent. The mere fact of living with a spouse who has children does not result in any legal responsibility towards them after you separate. But, if you divorce, a court could order a spouse who stands in the place of a parent to the other spouse’s children to pay child support.

The court will examine certain criteria to determine if the spouse acted as a parent towards the children, including:

• The creation of a new family which treats the child the same as a biological child;
  
• The spouse financially contributed to the child’s well-being;
  
• The spouse disciplined the child like a parent;
  
• The spouse appears to be, both to the child and to others, a person who is responsible for the child;
  
• The child has little or no contact with the absent biological parent.

Yes, if you can show that it would be in the child’s interests to grant these rights to you. This could be the case if you lived with the father or the mother of the child and if, while living together, you established a parent-child relationship with the child.