Section 3: Actions contesting parentage

Maternity may be contested by reporting proof that the mother did not give birth to the child. Paternity may be contested by reporting proof that the husband or the author of the acknowledgement is not the father.

Where possession of status is in accordance with the title, only the child, one of his father and mother or the person claiming to be the real parent may bring an action. The action is time-barred after five years from the day on which possession of status ceased or from the death of the parent whose parent-child relationship is disputed. No one, with the exception of the public prosecutor, may…

In the absence of possession of status in accordance with the title, the action to contest may be brought by any person who has an interest therein within the period provided for in Article 321.

Filiation established by possession of status established by a notarial act may be contested by any person who has an interest in doing so by producing evidence to the contrary, within a period of ten years from the issue of the act.

Legally established filiation may be challenged by the public prosecutor if evidence drawn from the records themselves makes it implausible or in the event of fraud against the law.

Where a civil registrar is in possession of a prenatal acknowledgement of paternity whose statements concerning its author are contradicted by the information concerning the father communicated to him by the declarant, the civil registrar with jurisdiction under article 55 shall draw up the birth record in the light of the information provided by the declarant. He immediately notifies the public prosecutor, who raises the paternity dispute on the basis…

When allowing the action to be contested, the court may, in the interests of the child, determine the terms of the child’s relationship with the person who raised the child.