Establishment of filiation in the absence of recognition of the father

Verified 01 March 2022 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

Where a child has not been recognized by his or her supposed father, it is possible to establish a relationship of parentage. You have to prove a relationship between the father and the child, even if it's not biologically related. A notary must establish these links in an act of notoriety. This act makes it possible to officially establish the relationship of parentage.

A child who has not been recognized by his father before or after birth may still have his paternal filiation established.

He must show, by a number of indicators, that a person behaved like his father. That is, she took care of him or invested in his education. That's what we call the state possession.

This method of establishing filiation may be useful in the following cases:

  • Father who died without recognizing the child
  • Married woman who gave birth without mentioning her husband's paternity in the birth certificate (case of presumption of paternity discarded)

In order for the paternal filiation of an unrecognized child to be established, it must be demonstrated that there is a family relationship between the supposed father and the child.

Proof of parent/child relationships

Paternal filiation can be established by demonstrating the existence of several facts which prove that the child and his or her supposed father maintain or have maintained ties.

For example:

  • The alleged parent and the child behaved as such in reality (actual family life)
  • The alleged parent paid all or part of the child's education and maintenance
  • The business, the family, the jurisdictions recognize the child as the child of the alleged parent
  • The child has the same name as the alleged parent.

This list is not exhaustive. Several facts must be established.

Nature of links

The relationship between the supposed father and the child must fulfill all the following conditions:

  • The relationship must be established over time. The father and the child must maintain usual relationships even if they are not permanent.
  • It must not be established in a violent or fraudulent manner
  • The alleged parent and the child must be recognized as such in everyday life (friends, family, administration, etc.)
  • There should be no doubt that he is the father of the child

In order to establish a relationship of parentage in the absence of recognition of the father, it is necessary to obtain an act of notoriety.

It is a document drawn up by a notary who notes the existence of family relations between a child and his supposed father.

Who can ask for a notoriety?

The following persons may apply for the notoriety certificate:

  • Child
  • Each parent (alleged mother and father)

Within what timeframe?

The application for the well-known act must be made in a five-year period from any of the following times:

  • Day parent/child relationships ended
  • Death of the alleged relative

FYI  

in the event of the death of a parent, the notoriety certificate may be issued before the declaration of birth.

What are the elements taken into account by the notary?

The notoriety certificate shall be drawn up on the basis of the following:

  • Statements by at least 3 witnesses
  • Any other document

These elements must show that the relationship between the child and the supposed parent is sufficient to characterize a parent/child relationship.

It does not matter that the parent/child relationship is not in accordance with biological truth. It must simply correspond to a social and emotional reality.

Parent/child relationships may be documented, for example, by the following evidence:

  • Announcement of future paternity to family and loved ones
  • Photographs
  • Presence of the parent at prenatal health care visits
  • Item Purchase Invoices Needed by Child

The deed of notoriety is signed by the notary and the 3 witnesses.

Once the notoriety certificate has been established, it will be mentioned in the margin of the child's birth certificate.

Who shall I contact

The notoriety deed and its mention in the margin of the child's civil status establish a relationship of filiation.

The parent recognized as such by the deed of notoriety shall have the same rights and obligations as any parent, and in particular the following:

  • Parental authority
  • Maintenance obligation
  • Succession

Affiliation established by a notorious deed may also result in a change of name for a minor child.

If the child is of age, the change is possible only with the child's consent.

Affiliation established by a notorious deed may be challenged by any person with an interest within 10 years. For example, heirs or the parents of the alleged father.

The challenge is before the court. The presence ofa lawyer is required.

Who shall I contact

All evidence is admitted to challenge the paternity (testimonies, photos etc.)

It is possible to have recourse to a biological expert ordered by the judge (paternity test).

Who can help me?

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