What is my relationship to my child?
Parentage is the legal relationship between you and your child. It has civil (name, nationality, parental authority, residence), financial (maintenance obligations, inheritance, social assistance), and symbolic implications. This relationship can be biological or legal.
Biological parentage:
Natural parentage : If you are the mother, parentage is automatically established at the birth of your child (except in the case of anonymous childbirth).
If you are the father (or second parent), the situation depends on your marital status:
● Married to the mother: you are presumed to be the father.
● Unmarried: you must voluntarily acknowledge paternity at the civil registry office.
Parentage through ART (Assisted Reproductive Technology): You can use ART if you are a heterosexual couple (married or unmarried), a female couple, or a single woman. However, French law does not allow it for single men or male couples.
The possible methods are artificial insemination or in vitro fertilization. It is imperative that your consent is formal, irrevocable, and that you are not separated. Age requirements also apply (under 45 for the recipient woman, under 60 for the partner).
Surrogacy: Surrogacy is prohibited in France. However, if you use surrogacy abroad, it is possible to obtain recognition of the parent-child relationship in France, under certain conditions:
● A decision has been made by a competent foreign court,
● The parties have consented freely and under certain conditions,
● The entire process complies with French public policy and is in the best interests of the child.
Legal parentage: adoption (for the procedures, see Fact Sheet No. 17, “How does the adoption process work?”)
Full adoption: If you adopt a child through full adoption, the link with their family of origin is completely severed. They become your child in the full legal sense. This link is irrevocable. This is the preferred form of adoption for a minor child with no prior ties.
Simple adoption: This creates a legal bond without severing the original bond. The child can keep their original surname, to which yours may be added. This form is often chosen for the adoption of an adult child or in the context of a blended family. The bond may be revoked in the event of serious grounds.
Gaëtan ESCUDEY is available to help you establish your parentage, whether through adoption abroad, medically assisted reproduction, or surrogacy.