Parentage of a child born in a heterosexual married couple
Verified 13 January 2025 - Directorate for Legal and Administrative Information (Prime Minister)
You're married and you 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 established automatically if the child is born within one of the following periods:
- 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.
However, your paternity is not 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 an application to a notary or to a court of law.
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 an application to a notary or to a court of law.
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 have to go to the court.
Medically assisted reproduction with a third party donor
If you wish to benefit from a MPAMPA : Assisted reproductive technology requiring the intervention of a third-party donor, you and your spouse must first give your joint consent to this MPAMPA : Assisted reproductive technology in front of a notary.
Who shall I contact
Donation may be one of the following:
- Semen donation
- Egg donation
- Embryo donation.
Double donation of gametes (sperm and egg) is allowed.
So an embryo can be conceived with gametes that are not from you or your spouse.
The notary must inform you about the consequences your consent to the filiation of your future child.
These consequences include:
- You will not be able to establish a relationship of parentage between the child born of reproduction and the donor
- You will only be able to challenge your child's filiation if you can prove that he or she is not fromMPAMPA : Assisted reproductive technology.
FYI
Your request forMPAMPA : Assisted reproductive technology is also evaluated by the medical team of the AMP center and accompanied by several interviews with the professionals of this team.
Parentage Agreement
Any agreement relating to the parent-child relationship shall be forbidden.
This is the case, for example, with a maternity agreement on surrogacy.
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Choisissez votre cas
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 established automatically if the child is born within one of the following periods:
- 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.
However, your paternity is not 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 an application to a notary or to a court of law.
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 an application to a notary or to a court of law.
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 have to go to the court.
Medically assisted reproduction with a third party donor
If you wish to benefit from a MPAMPA : Assisted reproductive technology requiring the intervention of a third-party donor, you and your spouse must first give your joint consent to this MPAMPA : Assisted reproductive technology in front of a notary.
Who shall I contact
Donation may be one of the following:
- Semen donation
- Egg donation
- Embryo donation.
Double donation of gametes (sperm and egg) is allowed.
So an embryo can be conceived with gametes that are not from you or your spouse.
The notary must inform you about the consequences your consent to the filiation of your future child.
These consequences include:
- You will not be able to establish a relationship of parentage between the child born of reproduction and the donor
- You will only be able to challenge your child's filiation if you can prove that he or she is not fromMPAMPA : Assisted reproductive technology.
FYI
Your request forMPAMPA : Assisted reproductive technology is also evaluated by the medical team of the AMP center and accompanied by several interviews with the professionals of this team.
Parentage Agreement
Any agreement relating to the parent-child relationship shall be forbidden.
This is the case, for example, with a maternity agreement on surrogacy.
To the mother
The parentage rules depend on your situation:
Répondez aux questions successives et les réponses s’afficheront automatiquement
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 be taken to establish the filiation of your child.
Medically assisted reproduction with a third party donor
If you wish to benefit from a MPAMPA : Assisted reproductive technology requiring the intervention of a third-party donor, you and your spouse must first give your joint consent to this MPAMPA : Assisted reproductive technology in front of a notary.
Who shall I contact
Donation may be one of the following:
- Semen donation
- Egg donation
- Embryo donation.
Double donation of gametes (sperm and egg) is allowed.
So an embryo can be conceived with gametes that are not from you or your spouse.
The notary must inform you about the consequences your consent to the filiation of your future child.
These consequences include:
- You will not be able to establish a relationship of parentage between the child born of reproduction and the donor
- You will only be able to challenge the child's filiation with your husband if you prove that the child did not come from theMPAMPA : Assisted reproductive technology
- The father will be able to challenge the child's filiation only if he proves that he is not from theMPAMPA : Assisted reproductive technology.
FYI
Your request forMPAMPA : Assisted reproductive technology is also evaluated by the medical team of the AMP center and accompanied by several interviews with the professionals of this team.
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.
Parentage Agreement
Any agreement relating to the parent-child relationship shall be forbidden.
This is the case, for example, with a maternity agreement on surrogacy.
Vous avez choisi
Choisissez votre cas
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 be taken to establish the filiation of your child.
Medically assisted reproduction with a third party donor
If you wish to benefit from a MPAMPA : Assisted reproductive technology requiring the intervention of a third-party donor, you and your spouse must first give your joint consent to this MPAMPA : Assisted reproductive technology in front of a notary.
Who shall I contact
Donation may be one of the following:
- Semen donation
- Egg donation
- Embryo donation.
Double donation of gametes (sperm and egg) is allowed.
So an embryo can be conceived with gametes that are not from you or your spouse.
The notary must inform you about the consequences your consent to the filiation of your future child.
These consequences include:
- You will not be able to establish a relationship of parentage between the child born of reproduction and the donor
- You will only be able to challenge the child's filiation with your husband if you prove that the child did not come from theMPAMPA : Assisted reproductive technology
- The father will be able to challenge the child's filiation only if he proves that he is not from theMPAMPA : Assisted reproductive technology.
FYI
Your request forMPAMPA : Assisted reproductive technology is also evaluated by the medical team of the AMP center and accompanied by several interviews with the professionals of this team.
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.
Parentage Agreement
Any agreement relating to the parent-child relationship shall be forbidden.
This is the case, for example, with a maternity agreement on surrogacy.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
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The informants who answer you are from the Department of Justice.
Prohibition of procreation or gestation for hire or reward: article 16 (7)
General provisions on parentage
Evidence and presumptions of parentage
Consent to the AGP
The designation of the mother in the birth certificate
The presumption of paternity
Consent to the AGP
Exclusion of filiation title for same-sex married couples
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