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In Alberta, you do not need your parents’ permission to have an abortion. However, if the doctor believes you are not mature enough to understand your situation and the consequences of having an abortion, they may want to talk to your parents and get their consent before providing an abortion. You should ask your doctor if they will keep your information private and be sure you understand whether the doctor might have beliefs or policies that don’t suit you and your situation. You should call the doctor’s office ahead of time to make sure that his or her beliefs or policies will not be a barrier to you getting the services you need.
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- C. (J.S.) v. Wren [1987] 2. WWR 669 (Alta CA) held that the parental right to determine whether or not their minor child below the age of 16 will have medical treatment terminates if and when the child achieves a sufficient understanding and intelligence to enable him or her to understand fully what is proposed. To “understand fully” means to “understand things like obligations to parents as well as medical matters.”
- The College of Physicians and Surgeons of Alberta has developed its own guidelines concerning the consent of minors to medical treatment: http://cpsa.ca/wp-content/uploads/2015/08/Consent-for-Minor-Patients.pdf?7ebd8d
See also:
- Gillick v. West Norfolk and Wisbech Area Health Authority, [1985] 3 A11 E.R. 402, p. 188-189 – as per Lord Scarman “As a matter of Law the parental right to determine whether or not their minor child below the age of sixteen will have medical treatment terminates if and when the child achieves sufficient understanding and intelligence to understand fully what is proposed.”
- A.C. v. Manitoba (Director of Child and Family Services), 2009 SCC 30 (bearing in mind this case is technically a constitutional case rather than one dealing with a young woman’s right to decide about an abortion). It confirms the need for ‘sufficient understanding’.
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While it is a good idea to discuss an abortion with the father, you do not need his permission to have one. The final choice is yours.
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- Tremblay v. Daigle [1989] 2 S.C.R. 530 – Fathers have no right to ‘potential progeny’
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No, the father’s parents cannot stop you from having an abortion. The choice is yours, not theirs.
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- Tremblay v. Daigle [1989] 2 S.C.R. 530 – Fathers have no right to ‘potential progeny’
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The major centres in Alberta (Calgary, Edmonton and Red Deer) have agencies that will understand your situation and help you talk about abortion.
- Calgary Sexual Health Centre – 403-283-5580
- Edmonton: Options Sexual Health Association – 780-423-3737
- Red Deer Teen Sexual Health Clinic – 403-346-8336
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You do not need your parents’ permission to take birth control pills. Birth control can be given to you by your family doctor.
If your doctor believes that you are not mature enough to understand the consequences of taking birth control or having sex, he or she may require the consent of your parent(s). You should talk to your doctor and ask whether he or she will keep your information private. If you need help in this situation you can talk to someone in:
- Calgary: Sexual Health Centre – 403-283-5580
- Edmonton: Edmonton Pregnancy Crisis Centre – 780-482-5111 or
Options Sexual Health Association – 780-423-3737 - Red Deer: Teen Sexual Health Clinic – 403-346-8336
Legal Authorities
- The College of Physicians and Surgeons of Alberta has developed its own guidelines concerning the consent of minors to medical treatment: http://cpsa.ca/wp-content/uploads/2015/08/Consent-for-Minor-Patients.pdf?7ebd8d
- C. (J.S.) v. Wren [1987] 2. WWR 669 (Alta CA)
- Gillick v. West Norfolk and Wisbech Area Health Authority, [1985] 3 All E.R. 402.
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The Court can order you to take a paternity test to determine if you are the father of the child in question. You, or someone on your behalf can refuse to have the test done but the judge might hold that against you and decide that you will be treated as if you are the father anyway.
If you are under the age of 18 your parents or guardians can give permission for you to take the test.
A male is considered to be the (biological) father of a child if:
- He was married to the mother of the child when the child was born;
- He was married to the mother of the child and the marriage ended less than 300 days before the birth of the child;
- He married the mother of the child after the birth of the child and acknowledges that he is the father of the child;
- He lived with the mother of the child for 12 consecutive months:
- during which time the child was born and he acknowledges that he is the father of the child; or
- stopped living with her but did so less than 300 days before the birth of the child;
- He is named as the father on the child’s birth certificate by agreement of the parents; or
- A Court has found him to be the father of the child.
Legal Authorities
- Family Law Act; Part 1 — Establishing Parentage; S.A. 2003, c. F – 4.5, ss. 15(1); 15(5)
- Family Law Act; Part 1 — Establishing Parentage; S.A. 2003, c. F-4.5, s. 15(4)
- Family Law Act; Part 1 — Establishing Parentage; S.A. 2003, c. F-4.5, s. 8
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You must pay the cost of the test but if the test was required by the Government of Alberta and the results show you are not the father of the child, you can ask the court to order that you be paid back for the cost of the test.
If the DNA test shows you are the father, you are responsible for paying the cost of the test.
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- s. 6, Alberta Regulations; Income and Employment Support Act; Alta. Reg. 61/2004.
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There are several companies across Alberta that offer paternity testing. There is no set cost but at the time this was written you could expect to pay around $425 to $600. It is very important to have a ‘court approved’ test, not merely the cheapest paternity test that can be found.
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The father may be considered a guardian at law if within one year of finding out about the pregnancy or the birth of the child (whichever is first) he:
- Acknowledges that he is a parent of the child; and
- Demonstrates an intention to assume the responsibility of a guardian.
Demonstrates Intention
Answering “yes” to any of the following questions may indicate that the father demonstrates an intention to assume the responsibility of a guardian:
- Were you and the father married when the child was born?
- Did you and the father get married after the child was born?
- Were you and the father either Adult Interdependent Partners at the time the child was born or became AIPs after the child was born? (See “What is a “common law” relationship”).
- Did you and the father live together for at least 12 consecutive months (no breaks) and the child was born during that time?
- Has the father provided or offered to provide reasonable support (financial or otherwise) during the pregnancy or after the child was born?
The Court can also use anything else it considers relevant to determine that the father has demonstrated an intention to assume the responsibility of a guardian.
Even if the father does not meet the criteria discussed above, he can still apply to the court to be granted guardianship.
You can visit http://www.albertacourts.ab.ca/fjs/selfhelp/is-my-ex-a-guardian.php for an interactive set of questions that may help you determine if the father of your child is a guardian.
If you are still unsure whether the father of your child is a guardian please contact CLERC (by phone at 403-207-9029 or use the “Ask a Lawyer” part of the website) for more information.
Legal Authorities
- Family Law Act, SA 2003, c F-4.5, s 20 (Guardians of child).
- Alberta (Child, Youth and Family Enhancement Act, Director) v VM, 2009 ABPC 372 (CanLII).
- Interpreting s 20 of Family Law Act regarding establishing guardianship of a child.
Reviewed 09/15
Q382
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If there is confusion as to whether a parent is a guardian then a parent, guardian, or the child themselves can make an application to the court and the court will decide whether the parent meets the requirements to be a guardian.
The law sets outs numerous factors that can help the court determine whether someone is a guardian of your child. For more information on whether the father of your child is a guardian, please see “Is the father of my child a guardian?”
If you would like to establish your child’s father as a guardian you should contact a lawyer who can assist you with this process. We encourage you to contact CLERC (by phone at 403-207-9029 or use the “Ask a Lawyer” part of the website) for more information.
Legal Authorities
- Family Law Act, SA 2003, c F-4.5, s 20 (Guardians of child).
- Alberta (Child, Youth and Family Enhancement Act, Director) v VM, 2009 ABPC 372 (CanLII).
- Interpreting s 20 of Family Law Act regarding establishing guardianship of a child.
Reviewed 09/15
Q20
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The law states that the last name of your child must either be the last name of the mother, the father, or both last names hyphenated or combined.
If the mother and father cannot agree on a last name, then the law suggests the name should be both of the parent’s last names in alphabetical order and hyphenated or combined. If only one parent is listed on the birth certificate, then that parent’s last name must be used.
Depending on the circumstances of the relationship between the mother and the father, there might be advantages or disadvantages to the different naming options.
Additional “name rules” you may want to consider:
- All names must consist of letters from the Roman alphabet (example: a, b, c or A, B, C).
- Numbers (example: 1, 4, 16, 88) are not permitted in a name. Roman numerals (example: II, IV, XI) or numbers spelled out (example: third, seventh) may be used as part of a name.
- The only punctuation marks allowed as part of a name are: a period (.), an apostrophe (‘) and a hyphen (-).
- Brackets ( ) or quotations ” ” cannot be used around any names.
- A space must be used to separate names. Do not use commas (,), slashes (/) or hyphens (-) to separate names. Only use a hyphen (-) when it is part of the given name (example: Mary-Anne).
- A single letter can be a given name (example: J. or J.B.). A space and/or a period following the letter(s) is optional.
- Some titles are permitted as part of a name (example: Sr., Senior, Junior, Jr., etc.).
- Titles that could be misleading, embarrassing, or improper are not permitted as part of a name (example: Doctor, Dr., Reverend, etc.).
If you’re uncertain as to what last name to give your child, please contact CLERC (by phone at 403-207-9029 or use the “Ask a Lawyer” part of the website) for more information.
Legal Authorities
- Vital Statistics Act, SA 2007, c V-4.1, s 8(5) (Name of child), 9 (Refusal of names).
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Q99
If you are unmarried when you register the birth of the child you should use your last name. No information about the father needs to be given. This issue can be quite complicated as there are limitations on changing a child’s surname after s/he is born. It is a good idea to think about it before giving birth. If you have concerns you should contact a lawyer for advice. You can reach CLERC at 403-207-9029 or use our contact form. If you are unsure whether the father is the parent of your child, then you (the mother) may ask the court to decide whether the father is or is not the parent. One way a father can be removed from the birth certificate is through adoption. For more information on this please see “Adoption.” Reviewed 09/15 Q21 You do not need the consent of the father to change your child’s name if: You will need the consent of the father to change your child’s name if: The father is on your child’s birth certificate. In this circumstance your only option is to apply to the court for an order saying you do not need the father`s consent to change your child’s name. The father will have to be served with notice that you are making this application so he has an opportunity to present his argument. When making this application you will need to convince the judge that changing your child’s name is in their best interest. The judge will take into consideration factors like: Please note, there is a $200 filing fee for this application. The application form can be found at https://albertacourts.ca/docs/default-source/Family-Justice-Services/FJS_Change_Name_12.pdf. Reviewed 09/15 Q22 You’re in a difficult situation. If a court is involved in determining whether the baby will see her/his father, whether or not you think he “deserves” to see her/him does not really matter. Whether or not s/he will be safe does matter. What the court must decide is what is in the best interests of the child. This includes whether or not the father has been involved in the baby’s life and how safe the baby will be in the care of his or her father. If you and the baby’s father do not agree on whether or not he can see her/him, the father will have to apply to the court to get a court order. The Court seldom denies all visitation rights to a parent. Depending on the situation, supervised visits can be an option. You should talk to a lawyer about this. Contact CLERC at 403-207-9029 or use our contact form. It is quite difficult to get an order saying a Dad is not allowed to see his child but it depends on the circumstances. It depends on many factors but a judge must be satisfied that a baby will be safe with his or her father. If you think there are reasons why the baby might not be safe you should talk to a lawyer. Contact CLERC at 403-207-9029 or use our contact form. It is possible for the father to stop you from taking your baby out of the province. This is because it could prevent the father from having a relationship with the baby. It is also possible for you to move, but it must be in the best interests of the baby. The baby’s father might still get access to your baby, even if you live in another province. It is best to get legal advice in this kind of situation. Contact CLERC at 403-207-9029 or use our contact form. If you stop paying the required child support, the other parent is not allowed to get even by stopping you from seeing your child. A parent is not given access to a child as a “reward” for paying support; access is given because it is in the best interest of the child. On the other hand, if the other parent stops you from seeing your child, you cannot stop paying support to get even. Child support is not an access fee; it is paid because it is the child’ s right and in the best interest of the child. In law, all parents have a responsibility to financially support their children. If you’re under 18 and going to post-secondary (College, University, etc.) Your parents typically split the extra education costs based on their income (the same way extracurricular costs are split). The parent receiving the child support has options for how to apply for the increase in child support (like file an application with the Court). If you’re between 18 and 22 In Alberta, child support usually ends when you turn 18, however child support can continue if you are: The Court (Judge) can decide the amount based on a whole bunch of different factors. The law requires you to contribute to your educational expenses. In figuring out how much child support your parent has to pay, the Court looks at: The Court will likely expect you to get student loans, summer jobs, or work part time during the year to help pay for your educational expenses. Alberta student loan website: http://studentaid.alberta.ca/ If you think that you are entitled to more support, we encourage you to contact CLERC at (403) 207-9029 or email a lawyer through this website to discuss your options for filing an application. It is usually the responsibility of the parent to make child support applications, but it depends on the circumstances. Reviewed 07/16 Q11 For example: if the person ordered to pay child support makes less than $10,800 per year, they will not pay any child support or pay very little, because the government has decided they cannot afford to make payments. If the person ordered to pay child support makes $50,000 per year, the basic child support payment is $400 per month for one child or $700 for two children. To view a simplified table outlining the federal guidelines for basic child support payments follow this link http://www.justice.gc.ca/eng/fl-df/child-enfant/look-rech.asp. But this is only basic child support. In addition to the basic child support payments, there may be “extraordinary expenses”. Those costs are split between the two parents based on how much money they make. Each case is unique, but some “extraordinary expenses” include: If you think that you are entitled to support, we encourage you to contact CLERC at (403) 207-9029 or email a lawyer through this website to discuss your options for filing an application. Reviewed 07/16 Q12 A person who provides a home, food, and makes decisions that are in the best interest of the child is an example of someone who has care and control of the child. If you’re thinking about applying for child support please contact us at (403) 207-9029 or use the “email a Lawyer” part of our website and we can discuss your options. Reviewed 07/16 Q42 If your parent or guardian is not providing you these things, you should phone Child and Family Services at 1-877-644-9992. We also encourage you to contact CLERC at (403) 207-9029 or email a lawyer through this website to discuss your options. Reviewed 07/16 Q61 The Court will look at: If the court decides that the extracurricular activity is in the child’s best interest and is affordable for the parents, the court may ask the parent to help pay for the activity. If your parents (together) can afford the cost For example, if you want to play in the band at school and your parents can afford the cost, the parent paying child support could be ordered to help pay the cost based on how much money they make. Not all extracurricular activities will be considered reasonable. For example, if you want to play on a competitive sports team that is very expensive, because it involves travelling to games and tournaments, it may not be considered reasonable if your parents can’t afford it. If you are interested in increasing your child support, we encourage you to contact CLERC at (403) 207-9029 or the “email a lawyer” part of the website to discuss your options. If your parents (together) cannot afford the costs If you meet certain conditions, most school boards will waive fees (not require you to pay) for school related activities like instrument rentals for band, talk to your principle for more details about the process for applying to not pay your fees. Calgary Board of Education: http://www.cbe.ab.ca/registration/fees-and-waivers/Pages/Waivers.aspx Red Deer Public School District: http://www.rdpsd.ab.ca/Fee%20Waiver%20Program.php If your parents cannot afford to pay for extra-curricular activities outside of school there are organizations who provide funding just for this! For example: Jumpstart http://jumpstart.canadiantire.ca/en/what-we-do KidSport http://www.kidsportcanada.ca/alberta/calgary/apply-for-assistance/ . Also, the city as well as many recreation facilities also offer fee assistance for families who cannot afford their full rates. City of Calgary Recreation: http://www.calgary.ca/CSPS/Recreation/Pages/Fee-assistance/Home.aspx Westside Recreation Centre: http://westsiderec.com/sites/default/files/Fee%20Assistance%20Package%202016.pdf YMCA Calgary: http://www.ymcacalgary.org/membership-benefits/financial-assistance/ Reviewed 07/16 Q62 The legal obligation to provide child support ends before the child turns 18 if: Child support can be extended to a person who is 18 to 22 years old and remains dependent on their parent(s) or guardian(s) because they are a full-time student. Although a student aged 18 to 22 may be able to get child support, the student has an obligation to try to help pay for their own education along with their parent(s) and/or guardian(s). For example, the student should look for part-time work, or look for a student loan. Reviewed 07/16 Q63 If you are under 18 years of age, your parent or guardian must make decisions that are in your best interests. Sterilization would not be in your best interest. It is also illegal to perform any kind of mutilation of a female’s genitals, unless she is undergoing a surgical procedure for the benefit of her physical health. It is not illegal if she is at least 18 years old, she agrees to it, and there is no resulting bodily harm. Reviewed 07/16 Q119 The Court wants to make sure that the child is physically, psychologically and emotionally safe. To do this, the court must consider all the child’s needs and circumstances, including: Homelessness and poverty could have a significant effect on a parent’s ability to create a safe and stable relationship with their child. If the parent has trouble taking care of themselves, it makes it much more difficult to take care of a child. However, the Family Law Act also recognizes children’s interests in having relationships with their parents. The court can make an order to allow a child to have a relationship with a parent in poverty if there is a safe and reliable way to do so. Reviewed 07/16 Q141 A male person is considered the biological father of a child if any of the following apply: If he’s denying that he is the dad, or it isn’t 100% clear, the following people may apply to the Court for a declaration that he either is or isn’t the dad: If you’re applying for a declaration that someone is the dad, you have to tell him before you go to Court. The Judge might make an Order for DNA testing (which can be expensive). The law on this can be difficult, so please feel free to contact CLERC (at (403) 207-9029 or use the “email a lawyer” part of the website) and we can discuss your options. If the father of your child says he isn’t the dad, you might need to pursue legal action in order to get child support from him. A lawyer should help you with this process, and again, we encourage you to contact CLERC. Reviewed 07/16 Q142 Reviewed 07/16 Q35 Question
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A father can apply to court to have his name included. If this happens a court will decide what is in the best interests of the child.
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