How can I challenge the refusal to register a Pacs?
Verified 07 June 2019 - Directorate for Legal and Administrative Information (Prime Minister)
Future partners, who encounter difficulties at the ticket counter when filing their Pacs file, may appeal or refer the case to the rights defender. Future partners may also contest the refusal to register their Pacs relating to the substantive conditions of the partnership (legal capacity, family ties between partners...).
Inadmissibility of the file
Partners do not meet the criteria required to qualify for the Program.
The town hall, which receives the declaration of Pacs or its modification or dissolution, refuses to register it if the basic conditions for its registration are not fulfilled.
This is the case, during the declaration of Pacs, when the civil registrar finds:
- incapacity of one or both partners (in particular if one or both partners are minors),
- or an impediment to the Pacs, because of the family ties between the partners or if one of the partners is already married or married.
The registrar, who refuses to register, makes a reasoned decision of inadmissibility.
It shall provide the applicants with a certified copy of that decision, which shall include the right to appeal.
For a Pacs concluded by a Frenchman abroad, the French diplomatic or consular agent is competent.
The plaintiffs must appeal against the decision of the civil registrar to the president of the court of their domicile.
They must attach to their appeal a copy of the decision of the town hall.
If the decision of inadmissibility was taken by a diplomatic or consular agent, the appeal must be addressed to the president of the court of Nantes.
The judge shall decide on the appeal in an interim manner, i.e. within a short period of time.
Pacs' file is complete but the town hall asks for additional documents.
If the file of Pacs filed by the partners in town hall is complete but additional documents are required (such as proof of domicile), they may:
- form hierarchical appeal to the department of justice,
- and, if their appeal has not been successful, seize rights defender..
These remedies are also open in the case of Pacs concluded by a French person abroad before the consular or diplomatic agent.
- Decree No. 2006-1806 of 23 December 2006 on the declaration, modification, dissolution and publicity of the CapDispute concerning registration or refusal of registration by the registrar: Article 1 last paragraph
- Circular of 10 May 2017 on the transfer of the Pacs to civil registration officers (PDF - 469.6 KB)Challenge to decisions of inadmissibility by the diplomatic or consular authority: point 1.1
- Entering the Rights Defender Online