I want to contest one of my child’s parentage links. How do I do this?
You can contest a parentage link 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.
Time limits:
If parentage has been established by law (married mother or father) or by recognition and possession of status, only the public prosecutor can take action after five years.
If parentage results from a bare title (recognition alone) or from established 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.
A judgment of contestation retroactively removes the parentage link, but the judge may maintain certain links (name, relationships) in the interest of the child (Art. 337 of the Civil Code).
The procedure:
- Referral to the court: you must be assisted by a lawyer to file your petition for contestation.
- 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: you must prove your parentage by means of a biological test (DNA test), which the judge will order unless there are legitimate grounds for not doing so, or any other evidence demonstrating the error in the parentage record.
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 right of access to preserve the best interests of the child in maintaining ties with their former parent.
Gaëtan ESCUDEY is available to assist you in any paternity dispute proceedings, in particular to assist you in court.