Article 320 of the French Civil Code
November 8, 2023
As long as it has not been contested in court, legally established filiation prevents the establishment of another filiation that would contradict it.
As long as it has not been contested in court, legally established filiation prevents the establishment of another filiation that would contradict it.
Except where they are confined by law to a different time limit, actions relating to filiation are prescribed by ten years from the day on which the person was deprived of the status he or she claims, or began to enjoy the status that is contested. In the case of a child, this period is suspended during the child’s minority.
The action may be brought by the heirs of a deceased person before the expiry of the period that was allowed to the deceased person to bring the action. The heirs may also continue the action already brought, unless there has been a withdrawal or lapse of proceedings.
Actions relating to parentage cannot be waived.
Judgments handed down in matters of filiation may be set up against persons who were not parties to them. The latter have the right to lodge third-party proceedings against them within the period mentioned in article 321 if the action was open to them. Judges may, of their own motion, order that all interested parties to whom they consider that the judgment should be given be joined.
In the absence of a title and possession of status, the maternity search is admitted. The action is reserved for the child who is required to prove that he is the one from whom the alleged mother gave birth.
During childbirth, the mother may request that her admission and identity be kept secret.
Paternity outside marriage may be judicially declared. The action to establish paternity is reserved for the child.
The parent, even if a minor, in respect of whom filiation is established has, during the minority of the child, sole standing to bring an action to establish maternity or paternity. If no parent-child relationship is established or if that parent is deceased or unable to express his or her will, the action shall be brought by the guardian in accordance with the provisions of the second paragraph of Article…
Where the presumption of paternity has been set aside pursuant to Article 313, each of the spouses may request, during the child’s minority, that its effects be re-established by proving that the husband is the father. The action is open to the child during the ten years following his majority.
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75001, Paris France
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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