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Filiation: what do you do if the father dies before birth?

Verified 22 September 2020 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

If a father dies before the birth of his child without having recognized him, it is possible to establish a bond of filiation between the 2 by engaging a share in possession..

Unlike other filiation actions, this action is not intended to dismantle biological filiation. Its purpose is to enshrine social and emotional reality.

In this context, the existence of constituent elements of state possession must be reported. For example:

  • Announcement of his future fatherhood to his family and loved ones
  • Attendance at antenatal medical consultations
  • Participation in the purchase of children
  • First Name Choice

The application must be made within 5 years from the death of the father.

If the conditions of state possession are met, it can be recognized by a deed of reputation issued by a notary.

The act of notoriety is established on the basis of statements from at least 3 witnesses and any other documents produced which attest that the parent/child behavior corresponds to the following 4 conditions:

  • It was continuous over time and stable
  • He is not fraudulent
  • He is public (in full view)
  • It no doubt..
Who shall I contact

The filiation established by the possession of state established in the act of notoriety is mentioned in the margin of the birth certificate of the child.


it is not possible to have a genetic expertise to have state possession recognized.