N.+Kasirer,+Establishing+the+Bond+of+Filiation+and+the+Civilian+Conception+of+Family+Relations

//Kasirer – Establishment of the bond of filiation://


 * Short Summary:** This article discusses the shift from marriage as the central feature in determining filiation to a greater emphasis being placed on biological ties. However, Kasirer points out that there are still some rules of proof of filiation that favour family stability over biological relations.

· The effects of filiation were fairly authoritarian and patriarchal · Rules of filiation included a “presumption of paternity” and differential treatment of children born within and outside marriage. These rules were intended to promote stability within marriage · In order to establish filiation, it is a question of proof. The rules of proof were reformed in 1980 to reduce the role of marriage and place greater emphasis on biological ties; legal distinctions between legitimate and illegitimate children were also removed · The current wording of the CCQ (arts 523 //et seq.//) seems designed to produce the “true” picture of biological relationships · The CCQ divides filiation into filiation by blood and filiation by adoption · Filiation by blood suggests that it is biological ties that create filiation, removing the stigma from illegitimacy · It would seem that the policy goal of the rules of proof are to establish biological ties between parents and children enabling the performance of filial obligations; however, the policy goals may be more complex than that · There is a weakened presumption of paternity: the principal mode of proof of filiation is an “act of birth” (art. 523) but in the absence of that act a child born during a marriage or within 300 days of its dissolution is presumed to be the child of the “husband of the child’s mother” (art. 525) – this presumption seems to protect the stability of marital relations · The goal of protecting stability within families is also apparent in the “uninterrupted possession of status” rule (art. 524) as proof of filiation in the absence of an act of birth Possession of status refers to social facts which indicate the relationship between parents and children – possession of status does not require that there be a biological tie · The preclusion in art. 538 CCQ of the establishment of filiation for persons contributing genetic material to the parental project of another also favours other social and legal values over biological ties · Adoption is based on the social value of healthy child rearing instead of biological relations (art. 543 //et seq.//) - For an adoption to take place, it must be sanctioned by the court, which acts in the best interests of the child - Should “the best interests of the child” be flexible? For instance, should it include customary adoption practiced by aboriginal communities? The CCQ does not allow for private adoption but art. 555 CCQ allows for adoption by certain blood relatives, an exception which seems to promote positive family relations and a presumption that children are better off with blood relatives than strangers
 * __Definition of Filiation__**: The legal relationship between parent and child, which creates civil status and filial obligations including alimentary support
 * __Historical approach to establishing filiation__**:
 * __Current approach to establishing filiation:__**