Parentage of a child born in a heterosexual married couple
Verified 21 July 2023 - Legal and Administrative Information Directorate (Prime Minister), Ministry of Justice
Are you married and have a child? Parentage is the relationship between a child and his or her father and mother. For married couples, the establishment of the filiation of a child is automatic. However, paternity is not presumed in certain situations. We present you the rules concerning filiation with respect to the father and with respect to the mother.
To the father
If you are married, the establishment of your child's filiation is usually automatic. However, your paternity is not presumed in certain situations.
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General case
In a married couple, paternal filiation is established automatically.
As a husband, you are presumed to be the father of your child. presumption of paternity).
Your name is on the birth certificate.
You don't need to do a reconnaissance, so you don't no steps to take to establish the filiation of your child.
Divorce/legal separation
In the event of an application for divorce or body separation, the establishment of your paternity depends on the the child's date of birth.
Paternal filiation is automatically established if the child was born in one of the following time limits :
- Less than 300 days after the application for divorce (or legal separation) or the deposit with the notary of the agreement regulating the consequences of divorce
- More than 180 days after the final rejection of the divorce (or legal separation) application or the reconciliation of the spouses
In this case, you are presumed to be the child's father.
On the other hand, your paternity is not established automatically if the child is born within one of the following periods:
- More than 300 days after the application for divorce (or legal separation) or the deposit with the notary of the agreement regulating the consequences of divorce
- Less than 180 days after the final rejection of the divorce (or legal separation) application or the reconciliation of the spouses
In this case, you are not presumed to be the child's father. It is said that the presumption of paternity is removed.
Please note
If the presumption of paternity has been ruled out, it can be reinstated. Depending on your situation, you must go through a recognition, or by proceedings before a notary or the judicial court.
Birth certificate without indication of father
The mother may not mention that she is married at the time of birth.
In this case, the child's birth certificate does not designate the husband as the father.
You're not supposed to be the father of the child. It is said that the presumption of paternity is removed.
Your paternal filiation is not automatically established.
Please note
If the presumption of paternity has been ruled out, it can be reinstated. Depending on your situation, you must go through a recognition, or by proceedings before a notary or the judicial court.
Child recognized by another man
When another man has recognized the child before birthHowever, the paternal filiation of the husband is not automatically established.
You're not supposed to be the father of the child. It is said that the presumption of paternity is removed.
Please note
If the presumption of paternity has been ruled out, it can be reinstated. You must address you to the court of law.
From the mother
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General case
In order for filiation to be established in respect of the mother, it is sufficient that her name be indicated in the birth certificate.
You don't need to do any recognition. You have no no steps to take to establish the filiation of your child.
Delivery under X
The mother, whether or not married, may choose not to be named in the birth certificate and give birth anonymously (under X).
In this case, filiation cannot be established against his will.
If she wishes to establish the relationship of filiation with the child, she must recognize it at the city hall within 2 months of delivery.
Warning
Any agreement relating to the relationship of parentage is prohibited (for example, a maternity agreement relating to pregnancy on behalf of another).
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
The informants who answer you are from the Department of Justice.
Cost: free service
Service available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
General provisions on parentage
Evidence and presumptions of parentage
The designation of the mother in the birth certificate
Prohibition of procreation or gestation for hire or reward: article 16 (7)
The presumption of paternity
Exclusion of filiation title for same-sex married couples
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