How can I legally establish my parentage?

If parentage (filiation) was not established at the birth of your child, several legal options are available to you. Parentage is essential to secure the bond between the child and their 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, being named on the birth certificate is sufficient (Article 311-25 of the French 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 (Article 312 of the French Civil Code).

Voluntary parentage (by acknowledgment)

If you are not married to the mother, you must voluntarily acknowledge the child (reconnaissance), either before or after the birth, before a civil registrar (officier d’état civil) or a notary.

This can also be done by will, which makes it possible to guarantee confidentiality.

Parentage by possession of status

If you have behaved as the child’s parent, this reality can be recognized by an affidavit of common knowledge (acte de notoriété) drawn up by a notary on the basis of witness statements.

Possession of status (possession d’état) then makes it possible to establish parentage, with the same effects as the other forms, if it meets several conditions (treatment – tractatus, reputation – fama, name – nomen).

Judicial parentage (by judgment)

If parentage has not been acknowledged, you can bring the matter before the judge in several cases:

• Action to establish maternity (recherche de maternité) (Article 325 of the French Civil Code): rare, concerns abandonment or substitution;
• Action to establish paternity (recherche de paternité) (Article 327 of the French Civil Code): action open to the child until the age of 28;
• Reinstatement of the presumption of paternity (Article 329 of the French Civil Code): in the event of separation or where the husband is not named on the birth certificate.

The judge may order biological expert testing (expertise biologique), which constitutes the main evidence, unless there is a legitimate reason not to (Cass. 1re civ., March 28, 2000, No. 98-12.806).

Gaëtan Escudey is available to assist you in all procedures aimed at establishing or contesting a parent-child relationship.

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