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![]() Éducaloi is a non-profit organization whose mission is to inform Quebecers of their rights and obligations by providing quality legal information in everyday language.
La loi vos droits
Clientele : Parents
Subject : The "Act of Birth"
Print date : February 7th, 2012
Parents
In Quebec, parents must declare the birth of their child to the Registrar of Civil Status within 30 days of the birth. The Registrar of Civil Status uses this declaration to draw up a very important document: the act of birth. The act of birth identifies the child by name and establishes the child’s citizenship and the family relationship between the child and the parents.
In this Infosheet, Éducaloi explains the rules parents must follow when declaring the birth of their child and how to obtain a birth certificate or copy of the act of birth.
Everyone is required to declare the birth of a child to the Registrar of Civil Status. This declaration means that the newborn will be registered in the Quebec Register of Civil Status.
Having a child listed in the Register of Civil Status allows her to obtain various important documents, such as a birth certificate, which proves her identity and citizenship, a health insurance card, and a social insurance number. These documents let your child benefit from all the rights and privileges enjoyed by all Quebecers.
The Registrar of Civil Status uses 2 documents to draw up a newborn’s act of birth.
The Attestation of Birth This document is prepared up by the doctor, nurse, midwife or any other person who helped the mother during the delivery. It indicates the place, date and time of birth, the child’s gender, the mother’s first and family name as indicated on her act of birth, her domicile and the name and address of the hospital where the child was born. Two copies of the attestation of birth are made. The original copy is immediately sent to the Registrar of Civil Status. The hospital gives the parents the other copy, along with another form to be filled out, called the “declaration of birth”. The Declaration of Birth This is a document that must be filed with the Registrar of Civil Status by the newborn’s parents within 30 days of the birth. If the parents are unknown or are prevented to filing the declaration for some reason, the person who shelters or takes custody of the child must complete the declaration of birth within the same 30-day limit.
To declare the birth of your newborn, you must complete the declaration of birth form you received at the hospital or birthing centre.
The form contains instructions on how it should be completed. Essentially, you must provide the following information:
If the delivery takes place other than in a hospital or birthing centre, contact the Registrar of Civil Status to find out how to declare the birth of your child.
Parents must send their child’s declaration of birth to the Registrar of Civil Status within 30 days of the birth.
If the Registrar of Civil Status receives the declaration of birth after the 30-day limit, the parents will be charged an administrative fee.
Usually, a child’s relationship to her parents is established in the act of birth, which is prepared based on the declaration of birth. If the parents are married or in a civil union, only one parent needs to complete the declaration of birth and sign it in front of a witness (a person 18 or over who is not one of the parents).
If the parents are not married, it is a good idea for both parents to sign the declaration of birth in front of a witness. This is because, in a civil union situation, neither the father nor the mother’s spouse, if she has one, benefit from the automatic presumption of being a parent that is granted to the husband of a married mother or to the person with whom lives in civil union. To learn more about civil unions, consult our Infosheet Civil Union.
The first name(s) you give your child must respect certain rules:
If you and your spouse cannot agree upon a name to give your child, the Registrar of Civil Status will intervene. It will assign 2 first names to the child, one chosen by the mother and the other chosen by the father.
Your child’s family name must respect certain rules:
For example, if the father's name is John Wagner-Laplante, and the mother's name is Sylvie Colombe-Ladouceur, then the parents must choose one of the following possibilities:
If you gave your child a first name or composite family name (name with a hyphen) that is unusual and might mean your child is ridiculed or not taken seriously, the Registrar of Civil Status may ask you to choose a less controversial name.
If you refuse to change the names you have chosen, the Registrar will still draw up an act of birth, but will notify the Attorney General of Québec. The Attorney General may then ask the court, within 90 days of the registration of the act of birth in the Register of Civil Status, to replace either the first name(s) or family name(s) chosen by the parents with one of the parent’s family names or with two common first names, as the case may be. It is the court that makes the final decision on the matter.
To get a birth certificate, you must do two things:
You might need to get a birth certificate urgently, for example, if you need a passport in a hurry.
In these cases, you must make a request for your application to be processed on an urgent basis. You can do this either by going to an office of the Registrar of Civil Status in Montreal or Quebec City, or by sending your form by fax. You will have to enclose certain supporting documents and pay the fee for this type of request. You can then get a birth certificate within 3 working days, not including the time needed for delivery.
Éducaloi does not provide any legal advice or counseling. The information contained in its website constitutes a general source of information and does not in any way replace the services of a lawyer or notary.
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