Paragraph 2: Presumption of paternity

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.