How do I prove who my child’s other parent is?
Ontario's family laws recognize that there are many ways to conceive a child and to become a parent. For example, a parent can be:
- A birth parent, unless the birth parent is a surrogate.
- A person who provides sperm during sexual intercourse, unless they sign an agreement before the child is conceived that says they do not want to be a parent.
- The or common-law partner of a birth parent, unless the child is conceived through assisted reproductive technology and the partner did not agree to this before it was done.
- A person who signs the child's birth registration form.
Ontario's laws also say that up to 4 people can agree to be a child's parents if they make a written agreement about this before the child is conceived.
And if 5 or more people want to be recognized as parents, they have to go to court and get a called a declaration of parentage.
Biological parents
This information is for people who want to prove who their child's other biological parent is. Usually, this is the child's biological father.
They might want to prove this for a number of reasons. For example, to get them to pay child support.
You can ask the person who you think is your child's biological parent to take a blood test or DNA test. This test is also called a paternity test.
A DNA test is a medical test that compares a sample of your child's DNA with a sample from the person who you think is the biological parent. The test results will show how likely they are to be your child's parent.
If the person will not agree to a DNA test, you can go to court and ask a judge to order them to take the test.
You can also ask the court for an order that says the person is your child's parent. This is called a declaration of parentage.
Talk to a lawyer
A lawyer can tell you if you have enough proof to convince a judge to give you a declaration of parentage. A lawyer can also explain what being a parent means. The law gives parents certain rights and responsibilities toward their children.