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Paternity search
Parentage and maintenance claim: what limitation period?
Publié le null - Directorate for Legal and Administrative Information (Prime Minister)
If a relationship of parentage is judicially declared and proven as a result of a paternity search, its establishment has retroactive effect. According to article 371-2 of the Civil Code, parents are retroactively required to maintain and educate the child. There is also a five-year limitation period for actions to pay a contribution to the maintenance and upbringing of an adult child. Could this limitation period be abolished or extended in the future draft law on the economic emancipation of women? That is the question asked by a member of the department.
In its response published on August 27, 2020, the Department of Justice noted that the 2008 statute of limitations reform deliberately did not change this. It appeared necessary for the legislature to prevent disproportionate effects of late legal action seeking paternity. A debtor, who might otherwise be in good faith unaware of his paternity, might indeed be forced to pay excessive sums retroactively. The accumulation of sums due over a five-year period is already likely to lead to very high monetary penalties. It does not therefore appear appropriate to call into question the application of the five-year limitation period on contributions to the maintenance and upbringing of children. Thus, mothers, in order to receive full financial support from the father of their child, must take paternity action on behalf of the latter, from the earliest years, in the child's own interest.
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