BIRTHMOTHER AND BIRTHFATHER RIGHTS AND RESPONSIBILITIES

MATERNAL RIGHTS

When a woman enters a hospital and gives birth, her wishes are respected. She may indicate who she wants and does not want to visit her and/or the baby. If she is giving birth at the Victoria General Hospital, and has concerns about visitors, it is best if she calls a social worker there (727-4309) before her due date to inform them of her wishes.

If she does not want the birthfather or his family to visit, no information or visiting rights will be given.

If the baby's parents are not married (to each other) at the time of the baby's birth, the mother is the legal guardian. She will complete a form titled Registration of Live Birth with information about herself and the child, and send it to the B.C. Government within 30 days. She may choose whether or not to ask/allow the birthfather to sign the form. When a man signs the form, it establishes "legal paternity." [both parents agree that he is the father of the child.]

If the birthmother does not have the birthfather's signature, she needs to sign a section at the bottom, either

• the father is unknown by the mother or
• the father is unacknowledged by the  mother or
• the father is incapable [if he contested this, she would have to have professional proof of this]

If the birthmother would like the birthfather to sign the form and he refuses, she fills out the box stating

• the father refused to acknowledge the child

Registration of Live Birth Form
Ministry of Health Services - Government of BC
www.vs.gov.bc.ca/forms.vsa404c.pdf [58KB]

To think about - If the  birthmother is expecting child support from the birthfather, it may be helpful to ask/allow him to sign the Registration of Birth form. If the father is asked for financial assistance, he will usually  request visitation rights in exchange.

PATERNAL RIGHTS

If the birthmother does not want the birthfather or  his family at the hospital, it is best if he not try to see her or the baby  there. If the birthfather would like to have his name on the Registration of Birth even after it has been sent in, the birthmother would have to agree. That amendment requires them both signing a Statutory Declaration. Signatures must be witnessed by  a person authorized for taking oaths and affidavits (e.g. a  notary).

Statuary Declaration Form
Ministry of Health Services - Government of BC
www.vs.gov.bc.ca/forms/vsa412.pdf [422KB]

For further assistance and current fees, call the Vital Statistics Agency in Victoria at 952-2681

If the birthmother will not sign the Statutory Declaration, the birthfather can apply through the courts to be named the child's father through DNA testing. This could cost upwards of $1000 plus legal fees.

A birth father may register on the Birth Fathers' registry to receive notice of a proposed adoption

For Legal Questions, call Dial-A-Law 1-800-565-5297 or Legal Aid at 388-4516.

If the adults are capable, court decisions usually respect the mother's right for financial support in raising children, the father's right to visit his children and the children's right to know their parents.

IF THE MOTHER CHOOSES TO PLACE HER CHILD FOR ADOPTION WITHOUT THE KNOWLEDGE/CONSENT OF THE BIRTHFATHER

Many adoptions in B.C. are completed without a man's consent. Of course, every child has a 'birth father' but many have no "father" as defined in section 13(2) of the Adoption Act. The "father" who must consent to a child's adoption is anyone who

1. has acknowledged paternity by signing the birth registration
2. is or was the child's guardian or joint guardian with the birth mother
3. has acknowledged paternity and has custody or access rights to the child by court order or by agreement
4. has acknowledged paternity and has supported, maintained or cared for the child, voluntarily or under court order
5. has acknowledged paternity and is named by the birth mother as the child's father
6. is acknowledged by the birth mother as the father and is registered on he birth fathers' registry as the child's father

In Section 17, the Adoption Act states that a court may decide to dispense with the birth father's required consent if:

1. he is not capable of giving informed consent
2. reasonable but unsuccessful efforts have been made to locate him
3. he has:
1. abandoned or deserted the child
2. not made reasonable efforts to meet his obligations to the child
3. not capable of caring for the child

It would be a good idea for any birthmother considering placing her child for adoption to obtain legal advice (see above).

Choices Adoption Agency in Victoria (479-9811) or Hope Adoption Services in Abbotsford (1-604-850-1002) can answer any non-legal questions that a birth mother or father might have.

107-1505 Admirals Road
Victoria, British Columbia
V9A 2P8

e-mail:  info@optionspregnancy.org
phone:   250-380-6883

Copyright © 2005 Options Pregnancy Centre
All Rights Reserved
Disclaimer

Web hosting provided by MyUniserve

OPTIONS PREGNANCY CENTRE