Late recognition of a child: what consequences for parental authority?

Verified 09 April 2024 - Directorate for Legal and Administrative Information (Prime Minister)

When the parents are not married, the father who acknowledges her child after age 1 year has not the exercise of parental authority.

He may apply for the exercise of parental authority, in common with the mother, by one of the following procedures:

  • Joint declaration in case of agreement with the mother
  • Before the Family Court Judge (Jaf: titleContent) in case of disagreement with the mother

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Joint declaration of joint exercise of parental authority

If the mother agreesHowever, parents can make a joint statement by completing form cerfa no 12785:

Joint declaration of joint exercise of parental authority

This form must be deposed or addressed by registered letter, in 3 copies, to the Director of the Judicial Registry Services of the Court on which the child's domicile depends.

Who shall I contact

The Director of Court Registry Services of the Court may, depending on the situation of the parents, request additional documents those mentioned in the explanatory note to the form.

Parents are not summoned to court.

The Director of the Judicial Registry Services shall affix his visa and the date to the three copies of the joint declaration.

There are notify one copy to each parent, by registered letter, and one shall be retained.

Upon notification of this declaration, the father obtains the exercise of parental authority joint with the mother as if he had recognized the child during his 1re year.

Warning  

The copy of the declaration referred to and dated by the Director of the Court Registry Services is thesingle original copy. In the event of loss, only a copy may be issued to the requesting parent.

Proceedings before the Family Court

In case of disagreement with mother, the father may make a request to the Jaf: titleContent to request the joint exercise of parental authority.

The application can be made using the cerfa form n°11530:

Application to the family judge (parental authority, right of access, maintenance...)

The request may also be made by free mail.

The application must be accompanied by documents mentioned in the explanatory leaflet form.

The request must be deposed or addressed the court on which the child's domicile depends.

Who shall I contact

The lawyer is not obligatory for this procedure.

If the parent wants a lawyer but does not have enough income to pay the fees, he or she can apply for the benefit of thelegal aid.

The Jaf: titleContent can accept or refuse demand in relation tobest interests of the child.

If the Jaf: titleContent accept his request, the father gets the exercise of parental authority together with the mother.

If the decision of Jaf: titleContent is not suitable for either parent, it can do call.

The lawyer is obligatory in the case of an appeal. The parent, who does not have enough income to pay the fees, can claim the benefit of thelegal aid.

Marriage of the parents after the birth of the child does not automatically confer parental authority on the father. If the child is recognized after the age of 1 year, the father must take one or other of the procedures to obtain the exercise of parental authority in common with the mother.

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