Parentage (filiation) is the legal link between you and your child. It has civil effects (name, nationality, parental authority, residence), financial effects (maintenance obligation, inheritance, social benefits) and symbolic effects. This link can be biological or legal.
Biological parentage
Parentage by blood (filiation par le sang): If you are the mother, parentage is automatically established at the birth of your child (except in the case of anonymous childbirth, accouchement sous X).
If you are the father (or the second parent), the situation depends on your marital status:
- Married to the mother: you are presumed to be the father.
- Unmarried: you must make a voluntary acknowledgment of paternity (reconnaissance de paternité) at the civil registry office.
Parentage through medically assisted reproduction (procréation médicalement assistée, PMA): You can use medically assisted reproduction if you are a heterosexual couple (married or not), 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. Your consent must be formal and not withdrawn, and you must not be separated. Age requirements also apply (under 45 for the recipient woman, under 60 for the partner).
Surrogacy (gestation pour autrui, GPA): Surrogacy is prohibited in France. However, if you use surrogacy abroad, it is possible to obtain recognition of the parentage link in France, under certain conditions:
- That a decision has been rendered by a competent foreign court,
- That the parties have consented freely and under certain conditions,
- That the whole process complies with French public policy and the best interests of the child.
Legal parentage: adoption (for the procedures, see How does the adoption procedure work?)
Full adoption (adoption plénière): 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 for the adoption of a minor child with no prior ties.
Simple adoption (adoption simple): This creates a legal link without severing the original link. 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 link may be revoked on serious grounds.
Gaëtan Escudey is available to help you have your parentage recognized, whether it results from an adoption abroad, medically assisted reproduction or surrogacy.
This general information does not replace a consultation: each situation requires individual assessment.
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