The law sets out the rights of parents before and after birth.
While pregnant, the birth mother has the right to make all medical decisions, including about abortion, without the biological father’s consent. The birth mother also has rights at work during their pregnancy.
The biological father does not have rights or responsibilities during the pregnancy but does once the child is born.
Need to know
- The birth mother is the person who gives birth to the child.
- The biological father is a male person whom the law assumes to be the child’s father based on that person’s relationship with the birth mother.
- The birth mother has the right to make decisions about their body and the child during the pregnancy.
- Employers cannot discriminate against employees for being pregnant.
- The biological father doesn’t have rights or responsibilities during the pregnancy but does when the child is born.
Non-inclusive legal terms for parents
Family laws use binary terms and assume parenting genders. On this site, we use the terms in the laws only to be consistent. We acknowledge this language does not reflect or represent all Alberta parents who may be non-binary, transitioning, intersex, in same-sex relationships and more.
The birth mother’s rights
The birth mother is the person who gives birth to the child.
Right to make medical decisions
During a pregnancy, you can make your own medical decisions if you understand:
- your situation
- the information you are given about treatment, and
- the consequences of a decision for or against medical treatment.
Your doctor can decide if you have the capacitycapacity The ability to understand information for making a decision and the ability to appreciate the reasonably foreseeable consequences of making or not making the decision. Legal capacity is black or white – either a person is capable or is not capable. to make your own decisions about medical treatment. This includes decisions about medical treatments during pregnancy and abortion. A youth or person with diminished capacitycapacity The ability to understand information for making a decision and the ability to appreciate the reasonably foreseeable consequences of making or not making the decision. Legal capacity is black or white – either a person is capable or is not capable. may not be able to make their own medical decisions.
While you may involve the biological father in the decision-making process, ultimately you get to make the decision.
Right to get an abortion
Abortion is the early ending of a pregnancy. It is different from a miscarriage, which happens when a pregnancy ends on its own. You can get an abortion without consent from the biological father. You do not need a referral from or to anyone to get an abortion.
In Canada, abortion is legal until 20 weeks into the pregnancy. There are three types of abortions:
- medical abortions use medicines to end the pregnancy
- surgical abortions involve a surgery to end the pregnancy
- induction abortions use medicines to start labour and birth
Abortions are performed at a hospital or a clinic that performs abortions. Alberta Health Services has a list of abortion services across the province to help you find a provider that is right for you.
There is no cost for an abortion in Alberta if you have a provincial health care card from Alberta, Saskatchewan, the Northwest Territories or Nunavut. If you are visiting from another province or country, you may have to pay a fee.
My Health Alberta also provides more information about abortions and what to expect.
If you are a surrogate
While you are a birth mother, you have agreed to carry the child for someone else. Your surrogacy contract likely says how decisions about your pregnancy and the child are made. For example, the intended parents may have a say when it comes to decisions about medical treatment and abortion. Learn more on the Work with a surrogate page.
Right to not be discriminated against at work
An employer cannot discriminate against an employee for being pregnant. This means an employer cannot fire you or treat you differently than non-pregnant employees.
Depending on your job, you may need accommodation at work. Accommodation refers to changes your employer makes to policies or your work environment so you can continue working during your pregnancy. For example, you may require accommodation to not lift heavy boxes.
Your employer must accommodate you to the point of undue hardshipundue hardship A legal argument someone can use to reduce the amount of support they owe. The person must prove they would suffer unfair financial hardship if they had to pay the amount of support required by law.. This is the point where the accommodation becomes onerous for the employer, such as when it leads to huge financial costs, compromises workplace safety or seriously disrupts the business.
If you need accommodation, talk to your employer about your needs and possible solutions. You may have to provide medical evidence to support your request. You must work together with your employer to come up with a solution that everyone can accept.
You can file a human rights complaint with the Alberta Human Rights Commission if you think your employer has discriminated against you because you are pregnant, including if they did not respond to your accommodation request.
Learn more about pregnancy rights and the complaint process on the Commission’s website.
The biological father’s rights
The biological father is a male person whom the law assumes to be the child’s father based on that person’s relationship with the birth mother. Learn more about who is a biological father on the Being a parent or guardian page.
You have no legal right to be involved with a pregnancy. This means the birth mother can make all decisions about the pregnancy without discussing them with you.
If it is safe and comfortable to do so, you and the birth mother may figure out how you will be involved during the pregnancy. You do have rights once the child is born, including a right to have a relationship with the child. You also have responsibilities towards the child, such as paying child support if you and the birth mother do not live together.
If you want to place your child for adoption
Both the birth mother and biological father, if named on the birth certificate, must consent to placing the child for adoption.
If you both agree during the pregnancy that you want to place the child for adoption, you can start the process of finding adoptive parents. You can also make the decision to place the child for adoption any time after the child is born.
Learn more on the Place a child for adoption page.
Potential issues
One parent wants to keep the child but the other parent doesn’t.
The birth mother can decide to maintain the pregnancy or get an abortion without the biological father’s consent. The biological father can share their opinion but the decision is not theirs.
Once the child is born, one parent can choose to not have a relationship with the child, although that parent may still have obligations like child support. The parent who wants to keep the child can get a parenting order naming them as the child’s sole guardian.
The birth mother does not know who the biological father is.
DNA tests can be done during the pregnancy or once the child is born. If a person does not think they are the biological father, they should get a DNA test before they start acting like a parent to the child. If a person refuses to take a DNA test, the birth mother can get a court order requiring the person to take one.
Explore related topics
When you have a baby
Steps for parents to take when their child is born.
Being a parent or guardian
Overview of who are a child’s parents and guardians.
Place a child for adoption
How parents can place their child for adoption.
Work with a surrogate
Legal steps to take when a surrogate is having your baby.