Establishment of filiation in the absence of recognition of the father

Verified 12 October 2023 - Directorate for Legal and Administrative Information (Prime Minister)

A child wasn't recognized by his supposed father? It is still possible to establish a parent-child relationship. You have to prove a relationship between the father and the child, even if it's not biologically related. A notary must establish these links in an act of notoriety. This act makes it possible to officially establish the relationship of parentage.

A child who has not been recognized by his father before or after birth may still have his paternal filiation established.

He must show, by a number of indicators, that a person behaved like his father. That is, she took care of him or invested in his education.

That's what we call the state possession.

This method of establishing filiation may be useful in the following cases:

  • Father who died without recognizing the child
  • Married woman who gave birth without mentioning her husband's paternity in the birth certificate (case of presumption of paternity discarded)

In order for the paternal filiation of an unrecognized child to be established, it must be demonstrated that there is a family relationship between the supposed father and the child.

Proof of parent/child relationships

Paternal filiation can be established by demonstrating the existence of several facts which prove that the child and his or her supposed father maintain or have maintained ties.

For example:

  • The alleged parent and the child behaved as such in reality (actual family life)
  • The alleged parent paid all or part of the child's education and maintenance
  • The business, the family, the jurisdictions recognize the child as the child of the alleged parent
  • The child has the same name as the alleged parent.

This list is not exhaustive.

Several facts must be established.

Nature of links

The relationship between the supposed father and the child must fulfill all the following conditions:

  • The relationship must be established over time. The father and the child must maintain usual relationships even if they are not permanent.
  • It must not be established in a violent or fraudulent manner
  • The alleged parent and the child must be recognized as such in everyday life (friends, family, administration, etc.)
  • There should be no doubt that he is the father of the child

In order to establish a relationship of parentage in the absence of recognition of the father, it is necessary to obtain an act of notoriety.

This document, prepared by a notary, notes the existence of family relations between a child and his supposed father.

Who can ask for a notoriety?

The following persons may apply for the notoriety certificate:

  • Child
  • Each parent (alleged mother and father)

When should the notoriety act be drawn up?

The application for the well-known act must be made in a five-year period from any of the following times:

  • Day parent/child relationships ended
  • Death of the alleged relative

FYI  

In the event of the death of a parent, the notoriety certificate may be issued before the birth declaration.

What are the elements taken into account by the notary?

The notoriety certificate shall be drawn up on the basis of the following:

  • Statements by at least 3 witnesses
  • Any other document

These elements must show that the relationship between the child and the supposed parent is sufficient to characterize a parent/child relationship.

It doesn't matter that the parent/child relationship is not biologically correct.

The link must simply correspond to a social and emotional reality.

Parent/child relationships may be documented, for example, by the following evidence:

  • Announcement of future paternity to family and loved ones
  • Photographs
  • Presence of the parent at prenatal health care visits
  • Item Purchase Invoices Needed by Child

The deed of notoriety is signed by the notary and the 3 witnesses.

Who shall I contact

FYI  

The act of notoriety is mentioned in the margins of the birth certificate of the child.

The notoriety deed and its mention in the margin of the child's civil status establish a relationship of filiation.

The parent recognized as such by the deed of notoriety will have the same rights and obligations as any parent, including:

Affiliation established by a well-known act may also result in renaming for a minor child.

If the child is of age, the change is possible only with the child's consent.

Affiliation established by a notorious deed may be contested by any person with an interest within ten years from the date of issue of the document.

For example, by heirs or the parents of the alleged father.

The challenge is before the court.

The presence ofa lawyer is required.

Who shall I contact

All evidence is admitted for to challenge paternity (testimonies, photos, etc.).

It is possible to use a biological expertise ordered by the judge (paternity test).

The refusal to comply may be interpreted by the judge as an admission of paternity or, as the case may be, of non-paternity.

FYI  

Biological expertise post-mortem This is possible only if the person gave their express consent while they were alive.

Who can help me?

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