Section 2: Proof of nationality before the courts

The burden of proof, in matters of French nationality, lies with the person whose nationality is in question. However, this burden falls on the person who disputes the French nationality of an individual who holds a certificate of French nationality issued in accordance with the articles 31 et seq.

When French nationality is granted or acquired other than by declaration, decree of acquisition or naturalisation, reinstatement or annexation of territories, proof can only be made by establishing the existence of all the conditions required by law.

However, when French nationality can only have its source in filiation, it is held to be established, unless proven otherwise if the person concerned and whichever of his father and mother has been likely to transmit it to him have consistently enjoyed possession of French status. The French nationality of persons born in Mayotte, who were of age on 1 January 1994, will be subsidiarily held to be established if…

When an individual resides or has habitually resided abroad, where the ascendants whose nationality he or she holds by descent have remained fixed for more than half a century, that individual will not be admitted to prove that he or she has, by descent, French nationality if he or she and that of his or her father and mother who was likely to transmit it to him or her did…

Apart from cases of loss or forfeiture of French nationality, proof of an individual’s foreign nationality can only be established by showing that the person concerned does not meet any of the conditions required by law to have French nationality.