CCQ-1991 - Civil Code of Québec

Section 541.18 Disposition versions

Not in force

Not in force

541.18. Where the woman or the person who gave birth to the child dies before expressing their will concerning the establishment of the child’s filiation, their consent is deemed to have been given. Filiation is then deemed established exclusively with regard to the person alone or both spouses who formed the parental project from the child’s birth.

The same applies in cases where the woman or the person became incapable of giving consent before expressing their will, provided the incapacity is certified by a member of a professional order designated by the Minister of Justice. Such certification may be communicated to the person alone or to the spouses who formed the parental project, despite the professional being bound by professional secrecy with regard to the person to whom the certificate pertains. This presumption applies only if 30 days have elapsed since the child’s birth.

The child’s birth is declared to the registrar of civil status in accordance with the rules prescribed by this Code.

2023, c. 13, s. 20.