An Affidavit of Non-Paternity is a crucial legal document used in Canadian family law contexts when an individual needs to formally declare they are not the biological father of a specific child. This document is commonly required in situations where there has been a mistake in paternity attribution, where DNA testing has confirmed non-paternity, or where there is a need to correct official records such as birth certificates. The affidavit must be sworn before an authorized official and typically requires supporting documentation such as identification, potential DNA test results, and relevant correspondence. It plays a significant role in family law proceedings, vital statistics records amendments, and can have long-term legal implications for all parties involved. The document must comply with both federal and provincial legislation regarding sworn statements and family law matters.
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1. Title and Court Information: Identifies the document as an Affidavit of Non-Paternity and includes relevant court information if being filed with a court
2. Declarant Information: Full legal name, address, and occupation of the person making the declaration of non-paternity
3. Mother's Information: Full legal name and identifying information of the child's mother
4. Child's Information: Full name, date of birth, and place of birth of the child in question
5. Relationship Background: Brief description of the relationship between the declarant and the mother during the relevant time period
6. Non-Paternity Declaration: Clear and unequivocal statement declaring non-paternity and the basis for this knowledge
7. Verification Statement: Standard statement verifying that the contents of the affidavit are true to the best of the declarant's knowledge
8. Jurat: Formal closing section including date, location of signing, and notary/commissioner information
1. DNA Test Results: Section detailing genetic testing results if DNA testing has been conducted to confirm non-paternity
2. Prior Claims or Statements: Section addressing any previous claims, statements, or documents regarding paternity that may need to be addressed or corrected
3. Waiver of Rights: Section explicitly waiving any parental rights or claims to the child, if applicable
4. Consent to Birth Certificate Amendment: Section indicating consent to remove name from birth certificate if currently listed
5. Additional Witnesses: Section for additional witness statements supporting the declaration, if relevant
1. Schedule A - DNA Test Results: Certified copy of DNA test results if genetic testing has been performed
2. Schedule B - Birth Certificate: Copy of the child's current birth certificate
3. Schedule C - Supporting Documentation: Any additional supporting documents such as correspondence, medical records, or other relevant evidence
4. Schedule D - Identification Documents: Copies of government-issued identification documents of the declarant
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