Parentage of a child born in a heterosexual married couple

Verified 21 July 2023 - Directorate for Legal and Administrative Information (Prime Minister)

Are you married and 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 automatically established if the child was born in one of the following time limits :

  • 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.

On the other hand, your paternity is 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.

From the mother

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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 take to establish the filiation of your child.

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.

Warning  

Any agreement relating to the relationship of parentage is prohibited (for example, a maternity agreement relating to pregnancy on behalf of another).

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