How can I contest parentage?

You can contest a parentage link (lien de filiation) if you believe that it does not reflect the biological or social reality, or if it was obtained by fraud (e.g., fictitious paternity). This may concern paternity, maternity, or an abusively established possession of status (possession d’état).

Time limits

If the title (birth certificate or recognition) is supported by consistent possession of status, only the child, their father and mother, and the person claiming to be the true parent may take action, within five years of the end of that possession of status. When the possession of status has lasted at least five years since the birth or recognition, only the public prosecutor (ministère public) may still take action (Article 333 of the French Civil Code).

If parentage results from a bare title, without consistent possession of status, any interested party may take action within 10 years of the birth or recognition; the child may take action until the age of 28 (Articles 334 and 321 of the French Civil Code). Parentage established by possession of status recorded in an affidavit of common knowledge (acte de notoriété) may be contested by any interested party within 10 years of the issuance of the affidavit (Article 335).

A judgment of contestation retroactively removes the parentage link, but the judge may maintain certain links (name, relationships) in the interest of the child (Article 337 of the French Civil Code).

The procedure

• Referral to the judicial court (tribunal judiciaire): representation by a lawyer is mandatory.
• Representation: if the child is a minor, they must be represented by an ad hoc administrator in the event of a conflict of interest with their parents.
• Production of evidence: proof most often comes from a biological expert examination (DNA test), which the judge orders unless there is a legitimate reason not to, or from any other evidence showing that the parentage title does not correspond to reality.

If the contest is successful, the parentage link is retroactively annulled, the civil status record is amended, and the obligations between the child and the parent (parental authority, contribution to maintenance and education) cease to exist.

The child’s name may also be changed, under certain conditions.

However, there may be a visitation right (droit de visite) to preserve the best interests of the child in maintaining ties with their former parent.

Gaëtan Escudey is available to assist you in any proceedings to contest parentage, particularly before the court.

This general information does not replace a consultation: each situation requires individual assessment.