Gurtej Sandhu – Parentage and Guardianship. Published December 20, 2025.
Parentage and Guardianship are often thought of as similar concepts, but they are legally different. Understanding how parentage and guardianship work in British Columbia can help parents make informed decisions about raising their children—especially during separation, new relationships, or changes in family structure.
In this post, I explain the differences and their implications under the family law landscape in British Columbia.
Parentage is about who is legally recognized as a child’s parent. This can include:
- Biological parents – birth mother and biological father.
- Parents through assisted reproduction – someone who is not biologically related but is legally declared the parent.
- Parents through adoption – someone who adopts the child becomes a parent of that child when the court makes an adoption order
Legal parentage is important to establish a child’s identity, for example, family name, family relationships, and cultural heritage. Parentage can also determine important legal rights and responsibilities, such as a child’s inheritance rights.
Guardianship is about who has the responsibility to care for a child and make decisions for them such as health, education, religion, etc.
The Difference: Being a parent does not always mean being a guardian. Usually, the parent of a child will be their guardian if that parent has lived with the child. A parent who has never lived with the child is not automatically a guardian, unless:
- they regularly care for the child;
- they sign an agreement with the other guardians that they are a guardian;
- they are appointed as a guardian through a court order; or
- they are a parent through an assisted reproduction agreement.
This means that just because you are a parent, does not mean you can make decisions for the child, unless you are also the child’s guardian.
In terms of spending time with the children, there is a difference between when a guardian exercises parenting time with a child (called parenting time) and when a non-guardian exercise time (called contact). When a guardian exercises parenting time with a child they have a right to make day-to-day decisions for the child. When a non-guardian exercises time with a child (such as grandparents, relatives etc.) they do not have the right to make day-to-day decisions for the child.
Can Non-Parents Be Guardians? Yes, non-parents such as stepparents, grandparents, other family members, close family friends or long-term caregivers can be guardians, but only through a court order. The court will only appoint a non-parent as guardian if it is in the child’s best interests. If the child is 12 or older, they generally must give written consent, unless the court decides otherwise.
Just as a court can appoint a non-parent as guardian, the court can also terminate guardianship if the best interests of the child require such an action, even if that person is a parent.
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