The Joint Affidavit of Legitimation is a crucial document in Canadian family law that allows parents to formally establish the legitimate status of a child born prior to their marriage. This document becomes necessary when parents marry after their child's birth and wish to update the child's legal status and documentation. The affidavit includes essential information such as the child's birth details, parents' marriage information, and declarations of biological parentage. It must be sworn before a qualified official such as a Commissioner of Oaths or Notary Public and comply with both provincial vital statistics requirements and federal affidavit standards. The document may be required for various purposes including updating birth records, establishing inheritance rights, immigration proceedings, or other legal matters where proof of legitimation is necessary.
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1. Title and Introduction: Formal title of the document, jurisdiction, and opening statement establishing this as a joint affidavit
2. Deponents' Information: Full legal names, addresses, and occupations of both parents making the affidavit
3. Child's Information: Full details of the child including full name, date and place of birth, and current birth registration details
4. Marriage Information: Details of the parents' marriage including date, place, and registration information
5. Statement of Facts: Chronological narrative of relevant events including birth of child, relationship of parents, and subsequent marriage
6. Declaration of Parentage: Sworn statements confirming biological parentage of the child
7. Purpose of Legitimation: Clear statement of the intention to legitimate the child through this affidavit
8. Supporting Documentation: List of attached documents supporting the statements made in the affidavit
9. Oath/Affirmation: Formal sworn statement affirming the truth of all declarations made in the document
10. Signature Block: Space for signatures of both parents, witness/commissioner of oaths, and date
1. Previous Name Usage: Section detailing any previous names used by the child, required if the child's name has changed
2. Immigration Status: Section regarding immigration status of parents and child, needed if any party is not a Canadian citizen
3. Prior Marriages: Information about any previous marriages of either parent, required if relevant to establishing legitimacy
4. Cultural/Religious Considerations: Special declarations related to cultural or religious aspects of legitimation, if applicable
5. Guardian Consent: Required if either parent is under legal guardianship or if there are existing guardianship orders
1. Schedule A - Birth Certificate: Certified copy of the child's current birth certificate
2. Schedule B - Marriage Certificate: Certified copy of parents' marriage certificate
3. Schedule C - Supporting Affidavits: Any additional affidavits from witnesses or other relevant parties
4. Schedule D - Identity Documents: Copies of government-issued ID for both parents
5. Schedule E - Additional Documentation: Any other relevant documents such as previous court orders, name change certificates, or immigration documents
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Relevant Roles
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Vital Statistics Officer
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Family Services Coordinator
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Public Notary
Commissioner of Oaths
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