Contestation of filiation (paternity or maternity) - Parentage by birth certificate
Verified 01 mars 2022 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
The paternity challenge is a legal action to demonstrate that there is no relationship of filiation between the child and its official parent.
Most often, it is the paternity that is challenged.
In order to challenge maternity, proof must be provided that the woman designated by the birth certificate as the mother has not given birth to the child.
If filiation is established by the child's birth certificate, the challenge depends on the following:
- The parent is involved or has been involved in the child's education (we speak of state possession)
- The parent did not invest in the child's education
People who may challenge filiation vary depending on how the parent engages (or has engaged) in the child's upbringing.
Répondez aux questions successives et les réponses s’afficheront automatiquement
The father has been involved in the child's education for more than 5 years
Only the public prosecutor's office may challenge the parent-child relationship in the following cases:
- Fraud against the law (for example, adoption fraud or surrogacy)
- Clues that make filiation implausible (for example, recognition by someone far too young to be the child's father)
In other cases, the relationship of parentage is not questionable.
The delay is calculated from the date of birth or recognition of the child.
The father has been involved in the child's education for less than 5 years
Persons who can challenge the filiation established by the birth certificate are:
- Designated father in birth certificate
- Designated mother in birth certificate
- No one who pretends to be the real parent
- Child himself as of his majority
The public prosecutor's office may also challenge parentage in the following cases:
- Fraud against the law (for example, adoption fraud or surrogacy)
- Clues that make filiation implausible (for example, recognition by someone far too young to be the child's father)
The delay is calculated from the date of birth or recognition of the child.
The father does not participate in the child's education at all
Any person with a legitimate interest may challenge the filiation between the father in the birth or recognition certificate and the child. For example, an heir to the father.
The public prosecutor's office may also challenge the parent-child relationship in the following cases:
- Fraud against the law (for example, adoption fraud or surrogacy)
- Clues that make filiation implausible (for example, recognition by someone far too young to be the child's father)
The time taken to challenge filiation varies depending on how the parent engages (or has engaged) in the child's upbringing.
Répondez aux questions successives et les réponses s’afficheront automatiquement
The father has been involved in the child's education for more than 5 years
The parent-child relationship cannot be disputed.
The father has been involved in the child's education for less than 5 years
The relationship of filiation may be contested within 5 years of the day on which the parent/child relationship has ceased, for example in the event of the death of the father.
The father does not participate in the child's education
The challenge may be initiated within 10 years from the date of birth or recognition.
If it is the child who challenges his filiation, he can act within 10 years from the date of his 18 years, that is until his 28 years.
Paternity can be challenged by providing evidence that the man named in the birth declaration or who made the recognition is not the biological father of the child.
All means of proof are possible.
Biological expertise (paternity test) is usually ordered by the judge.
The action challenging a parentage shall take place before the court of law, with the mandatory assistance of a lawyer.
If the child is a minor, he must be represented by a ad hoc administrator when his interests conflict with those of his legal representatives (i.e. his parent(s)).
Who shall I contact
When the contested parentage is challenged by the judge, the consequences are as follows:
- Retroactive termination of the parent-child relationship
- Update of relevant civil status documents
- Disappearance of the rights and obligations of the parent whose filiation is canceled
Cancelation of filiation may result in the minor child's name being changed.
If the child is of age, the change is possible only with the child's consent.
A decision to annul filiation automatically entails a change in the civil status records. No steps need to be taken.
FYI
in the interests of the child, the judge may arrange the conditions of relations with the person who was raising the child previously.
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
- House of Justice and the Law
Change of surname
Actions challenging filiation
Ad hoc administrator of the minor
Medically assisted reproduction