Establishment of paternity or parentage
What is it?
The court determines who the biological parent of a child is. This happens, for example, if the biological parent refuses to acknowledge the child, or if the parent died before he or she could acknowledge the child. Does the child already have two parents? If so, you cannot file a petition to establish parentage.
Does the mother have a female partner? If so, the biological mother and the child can also petition the court to establish the co-mother’s parentage. As the biological mother’s partner, the co-mother must have consented to the decision to conceive the child or to have the child conceived.
How does it work?
The child’s mother may apply for a judicial determination of paternity or parenthood up to 5 years after the child’s birth. If the biological parent was unknown at the time of birth, the mother may apply for a determination of paternity or parenthood up to 5 years after the biological father’s identity becomes known. If the child is 16 years of age or older, the mother can no longer apply for a determination of paternity or parenthood.
The child may also apply for a determination of paternity or parentage on their own behalf. There is no time limit or age restriction for this.