Article 311-25 of the French Civil Code
Parentage is established, in respect of the mother, by her designation in the child’s birth certificate.
Home | French Legislation Articles | French Civil Code | Book I: Individuals | Title VII: Parentage | Chapter II: Establishment of parentage
Parentage is established, in respect of the mother, by her designation in the child’s birth certificate.
A child conceived or born during marriage has the husband as its father.
The presumption of paternity is set aside when the child’s birth certificate does not name the husband as the father. It is further set aside where the child was born more than three hundred days after the application for divorce or legal separation was lodged or after the agreement settling all the consequences of the divorce was filed with a notary, and less than one hundred and eighty days since…
If it was dismissed pursuant to article 313, the presumption of paternity is re-established by operation of law if the child has possession of status with regard to the husband and does not have paternal filiation already established with regard to a third party.
Where the presumption of paternity is set aside under the conditions provided for in article 313, its effects may be re-established in court under the conditions provided for in l’article 329. The husband also has the option of recognising the child under the conditions set out in articles 316 et 320.
Where filiation is not established under the conditions laid down in Section I of this Chapter, it may be established by an acknowledgement of paternity or maternity, made before or after birth. Acknowledgement establishes filiation only in respect of its author. It is made in the birth certificate, by deed received by the civil registrar or by any other authenticated deed. The record of recognition is drawn up on a…
Where there are serious indications, based where applicable on the civil registrar’s hearing of the person who acknowledged the child, that the acknowledgement is fraudulent, the civil registrar shall immediately refer the matter to the public prosecutor and inform the person who acknowledged the child. The public prosecutor must decide, within fifteen days of the matter being referred to him or her, either to allow the civil registrar to register…
Any act of opposition by the public prosecutor shall mention the forenames and surname of the author of the acknowledgement as well as the forenames and surname, date and place of birth of the child concerned. In the case of a prenatal acknowledgement, the act of opposition shall mention the forenames and surname of the author of the acknowledgement as well as any indication communicated to the civil registrar relating…
The court shall rule, within a period of ten days from the date on which the matter is referred to it, on the application for the opposition to be dismissed made by the author of the acknowledgement, even if he is a minor. In the event of an appeal, a ruling shall be made within the same time limit and, if the judgment appealed from has dismissed the opposition, the…
Where the referral to the public prosecutor concerns a prenatal acknowledgement or an acknowledgement concomitant with the declaration of birth, the child’s birth certificate shall be drawn up without any indication of this acknowledgement. .
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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
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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
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