A long struggle for the name of his daughter

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SAINT-FÉLICIEN | A woman, who has struggled for more than a year in court that her daughter bears the name of his deceased father during the pregnancy, understand very well the despair of Nathalie Bussières, whose spouse died last week in a few weeks of her confinement.

Audrey Paquette, 38, has won a long battle in front of the superior Court to legally recognize the paternity of his companion who died in August 2008.

Ten years later, she finds that things have not changed. The woman of Saint-Félicien, in the Lac-Saint-Jean, is flooded with messages since the accidental death of John Danyel Savard last summer and Patrick Ouellet last week, two men who were on the verge of becoming a dad.

“It makes me relive it all and I have a lot of trouble,” says Audrey Paquette.

Not the same name

The spouse of Ms. Paquette, Dominic Guimont, died while she was pregnant with 26 weeks of their second child.

The procedures have been hellish for the little Chloe can wear the name of his father. The woman was ready to do anything to enforce the rights of the baby to the Director of the civil status.

“I didn’t have a big salary, so I had to resort to legal aid. But I would have found the sub if it was necessary, ” she said.

According to the civil Code of Québec, the paternity of a father who dies during pregnancy is not recognized immediately if the couple is not married.

Mothers bereaved must sometimes have to pay thousands of dollars for their children to bear the name of their father. A DNA test is usually required.

But in the case of Audrey Paquette, the court is not obliged. “Dominic was present at all the meetings with the doctor. Our entourage has never doubted his paternity and paternal filiation was already established with Émy, our first child. “

Brutal shock

The shock was brutal when Ms. Paquette has received the health insurance card, Chloe, a few days after his birth there will soon be 10 years old.

“There was only my family name. I felt like a pitbull. It was out of the question that it would stay like that, ” she said.

Ms. Paquette was inhabited by the rage and the anger. “This was not a question of money, because she was entitled to her pension for one orphan. It was symbolic and it was holding me to my heart, ” she continued.

All of this legal saga has been extremely painful for Francis Guimond, father of the deceased.

“It was unthinkable that my granddaughter could not wear the name of my boy. I can’t tell you how I felt when the verdict is in, it does not describe. “

The Coalition avenir Quebec has tabled a bill for the recognition of the parentage of the spouses died, in 2017. The cabinet of the new minister of Justice, ensures that the subject will be addressed during the review of the reform of family law.