CCQ, r. 5 - Regulation respecting the publication of a notice of tardy declaration of filiation

Updated to 1 September 2012

This document has official status.

chapter CCQ, r. 5

Regulation respecting the publication of a notice of tardy declaration of filiation

Civil Code of Québec

(Civil Code, art. 130).

1. The author of a tardy declaration of filiation made to the registrar of civil status, in accordance with article 130 of the Civil Code, shall give notice of the declaration, once a week for 2 consecutive weeks, in the Gazette officielle du Québec and in a newspaper published or circulated in the judicial district of the author’s domicile.

The notice shall also be published in a newspaper published or circulated in the judicial district of the domicile of the child whose filiation is tardily declared, if the child’s domicile is not the same as that of the author of the tardy declaration.

O.C. 489-2002, s. 1.

2. The notice of tardy declaration shall contain

(1)  the name, status and domiciliary address of the author of the declaration;

(2)  the name, date and place of birth of the child whose filiation is tardily declared, as they appear on the act of birth;

(3)  the name, status and domiciliary address of the author of the previous declaration;

(4)  where applicable, the surname of the author of the tardy declaration of filiation to be added to the child’s surname, or part of the author’s surname if it is a compound name;

(5)  the date and place of the notice;

(6)  the signature of the author of the tardy declaration of filiation; and

(7)  a mention that objections from third persons to the tardy declaration of filiation must be notified to the authors of the declaration, to the minor child of 14 years of age or over and to the registrar of civil status within 20 days of the last publication of a notice of that declaration.

O.C. 489-2002, s. 2.

3. (Omitted).

O.C. 489-2002, s. 3.

REFERENCES

O.C. 489-2002, 2002 G.O. 2, 2291