Filiation is legally established, under the conditions laid down in Chapter II of this Title, by operation of law, by voluntary recognition or by possession of status established by an act of notoriety as well as, under the conditions laid down in Chapter V of this Title, by joint recognition. It may also be established by judgment under the conditions laid down in Chapter III of this Title.
If there exists between the father and mother of the child any of the impediments to marriage provided for by articles 161 and 162 on the grounds of parentage, parentage having already been established in respect of one, it is prohibited to establish parentage in respect of the other by any means whatsoever.
Parentage is proved by the child’s birth certificate, by the acknowledgement certificate or by the notoriety certificate establishing possession of status. If an action is brought pursuant to Chapter III of this Title, parentage is proved and contested by any means, subject to the admissibility of the action.
The law presumes that the child was conceived during the period extending from the three hundredth to the one hundred and eightieth day, inclusive, before the date of birth. Conception is presumed to have taken place at any time during this period, according to what is required in the interest of the child. Evidence to the contrary is admissible to rebut these presumptions.
Possession of status is established by a sufficient collection of facts that reveal the filiation and kinship link between a person and the family to which he or she is said to belong. The main of these facts are: 1° That this person has been treated by the person or persons from whom he is said to have descended as their child and that he himself has treated them as…
Possession of status must be continuous, peaceful, public and unequivocal.
Parentage is governed by the personal law of the mother on the day of the child’s birth; if the mother is unknown, by the personal law of the child.
However, if the child and his father and mother or one of them have their habitual residence in France, whether common or separate, possession of status produces all the consequences that flow from it under French law, even if the other elements of filiation could have depended on foreign law.
A voluntary acknowledgement of paternity or maternity is valid if it was made in accordance with either the personal law of its author or the personal law of the child.
When a child’s filiation is established with regard to both parents no later than the day of the child’s birth declaration or subsequently but simultaneously, the parents choose the surname to which the child will be entitled: either the father’s surname, or the mother’s surname, or their two surnames together in the order chosen by them, subject to a limit of one surname for each. In the absence of a…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Resources
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Useful links
