Paternity Lawyers

Whether you want to be recognised as a child's father, need someone else to be recognised, or believe the wrong person is named on a birth certificate, a paternity lawyer can explain your options under Quebec law and take the matter to court if needed. Paternity decides who is a child's legal parent, with all the rights and duties that follow. On this page you can compare family lawyers who handle paternity and filiation cases, see their rates and availability, and book a consultation online.

Paternity is one part of family law. For separation, support and other family matters, see our page on family lawyers.

What a paternity lawyer does

In Quebec, the legal bond between a parent and a child is called filiation. Depending on your situation, a lawyer can:

• Assess how filiation is established today: what the birth certificate says, whether a presumption applies and how the child has been treated in the family.
• Help with a voluntary acknowledgement: when a father wants to be recognised and the situation is not disputed.
• Bring or defend a claim: an action to claim filiation, or an action to contest the filiation that appears on the record.
• Deal with the evidence: including asking the court to order a DNA analysis.
• Handle what follows: child support, custody and access, and the child's name, once paternity is settled.

Common paternity situations

• An unmarried father whose name is not on the birth certificate and who wants to be recognised.
• A mother or a child seeking to have the biological father recognised, often so that child support can be claimed.
• A man named as father who believes he is not the biological parent.
• A biological father who wants to challenge the filiation of another man already registered as the father.

How paternity is established in Quebec

Filiation is governed by the Civil Code of Québec, which you can consult on LégisQuébec. In broad terms, filiation of a child born to a couple is proven in this order:

• The act of birth: the birth certificate kept by the Directeur de l'état civil, which names the parents.
• Uninterrupted possession of status: when, in the absence of a birth certificate, the child has been consistently treated as the child of that parent by the family and others.
• Other evidence before a court: when neither of the first two settles the question.

The law also presumes that a mother's married or civil union spouse is the father of a child born during the union, or shortly after it ends. When the parents are not married or in a civil union, the father is generally recognised through a voluntary acknowledgement, which usually happens when he signs the declaration of birth.

Éducaloi's plain-language guide on filiation and being a legal parent is a good starting point before you speak with a lawyer.

Claiming or contesting paternity in court

When paternity is disputed, the case goes to the Superior Court of Québec. There are two main kinds of actions: an action to claim status, where a person asks to be recognised as the child of a parent, or as a child's parent, and an action to contest status, where a person challenges the filiation already on record.

The law protects stable family situations. When a child's birth certificate and the way the child has been treated in the family point the same way, the filiation is generally very hard to challenge. Some actions can only be brought by certain people, and some are subject to strict deadlines, so the timing and your role in the child's life both matter. A lawyer can tell you whether an action is still possible in your case.

DNA testing ordered by the court

In a filiation case, the court can order a genetic analysis when the conditions set out in the Civil Code are met, generally when there is already some evidence supporting the claim. A person cannot usually be forced to give a sample, but a refusal without good reason can be taken into account by the judge. A home DNA test does not, on its own, change the birth certificate.

Recent changes to filiation law

Quebec reformed parts of its filiation rules in 2023, including rules on assisted reproduction, surrogacy and a child's right to know their origins. Some guidance you find online may be outdated, so check what applies to your situation with a lawyer who follows Quebec family law.

Child support once paternity is recognised

Once paternity is established, the father has the same obligations as any other legal parent, including paying child support. In Quebec, child support is set using the Quebec child support determination model, based on both parents' incomes and the custody arrangement. Support for past periods can be limited, so it is usually wise not to wait once paternity is clear.

If you also need to decide where the child will live and how time will be shared, see our page on child custody lawyers.

When to get a lawyer

• You were served with a paternity or filiation claim, or a request for a DNA analysis.
• The other parent refuses to recognise the child, or refuses to let you be recognised.
• You have doubts about paternity and a birth certificate already names a father.
• You want to claim child support and paternity has not yet been established.
• Your situation involves assisted reproduction, surrogacy or a birth outside Quebec.

Preparing for your consultation

Bring the child's birth certificate, any document signed at the birth, messages or records showing the relationship and how the child has been treated, and any existing agreement or judgment on custody or support. Write down the key dates and your questions, and ask the lawyer how they charge.

Compare and book on JustiConnect

Browse the lawyers listed below, filter by location, rates and availability, and book a consultation directly. You can also search all paternity lawyers or see paternity lawyers in Montreal. Not sure who to pick? Our guide on how to choose a lawyer in Quebec can help.

Frequently asked questions

How do I establish paternity in Quebec?

If the parents agree, the father can usually be recognised voluntarily, generally when the declaration of birth is signed. If there is a dispute, or if another man is already registered, a lawyer can bring an action to claim filiation in the Superior Court.

Can the court order a DNA test?

Yes. In a filiation case, the court can order a genetic analysis when the conditions in the Civil Code are met. A person who refuses without a valid reason may see that refusal weighed against them.

Can I contest paternity if I am not the biological father?

Sometimes. It depends on who brings the action, on timing and on whether the birth certificate matches how the child has been treated.

Do I have to pay child support once paternity is recognised?

Yes. A father recognised by law has the same support obligations as any other parent, calculated under the Quebec child support model.

Is there a deadline to establish or contest paternity?

Some actions can be brought at any time, while others are subject to strict deadlines or limited to certain people. A lawyer can check which rules apply to your case.