Chapter III: Actions relating to parentage

No action is received as to the parentage of a child who is not born viable.

The judicial court, ruling in civil matters, has sole jurisdiction to hear actions relating to filiation.

In the case of an offence affecting a person’s parentage, the criminal action may only be decided after the judgment on the question of parentage has become res judicata.

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.