If parentage was not established at the time of your child’s birth, there are several legal options available to you. Parentage is essential to secure the bond between the child and his or her parents, both emotionally and legally (name, parental authority, inheritance, etc.).
Parentage established automatically (by operation of law)
In certain situations, parentage is presumed:
– If you are the mother, your name on the birth certificate is sufficient (Art. 311-25 of the Civil Code);
– If you are the father and you are married to the mother at the time of birth or conception, you are legally presumed to be the father.
Voluntary parentage (by acknowledgment)
If you are not married to the mother, you must voluntarily acknowledge the child, either before or after the birth, before a civil registrar or notary.
This can also be done by will, which guarantees confidentiality.
Parentage by possession of status
If you have behaved as the child’s parent, this can be recognized by an affidavit drawn up by a notary on the basis of witness statements.
Possession of status then makes it possible to establish parentage , with the same effects as other forms, if it meets several conditions (treatment – tractatus, reputation – fama, name – nomen).
Judicial parentage (by judgment)
If parentage has not been recognized, you can take the matter to court in several cases:
● Search for maternity (Art. 325 of the Civil Code): rare, concerns abandonment or substitution
● Paternity search (Art. 327 of the Civil Code): action open to the child until the age of 28
● Reinstatement of the presumption of paternity (Art. 329 of the Civil Code): in the event of separation or absence of the husband on the birth certificate.
The judge may order a biological test, which constitutes the main evidence, unless there is a legitimate reason to the contrary (Cass. civ. 1re, no. 92-12.806, March 28, 2000).
Gaëtan ESCUDEY is available to assist you in all procedures aimed at establishing or contesting a parent-child relationship.