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Who has parental responsibility?
Challenging paternity
Evidence for challenging paternity
The legal process of contesting paternity
PacisLexis Family Law
Paternity lawyer
‘Filiation’ definition and explanation:
In France, ‘filiation’ refers to the legal or biological relationship between a parent and a child. This term is often used in legal contexts to discuss matters of family law, inheritance, custody and parental rights.
What does contesting or challenging paternity means?
Contested paternity refers to a legal dispute regarding the identity of a child’s biological father.
Challenging paternity or any dispute related to parental responsibility can have important consequences on a child’s life. This is precisely for this reason that challenging paternity is extremely legally supervised.
Contact us now to get professional guidance for any question you may have to challenge paternity whether you’re a father or a mother.
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Who has parental responsibility?
How is parental responsibility acquired?
In France there are 4 legal ways to acquire parental responsibility:
- By law
- By being listed on the birth certificate
- by ‘la possession d’état constatée par acte de Notoriété’: this French legal term refers to a legal recognition concerning an individual’ parents or ‘filiation’ in French.
- By a statutory declaration of acknowledgement of parentage.
What is considered when challenging paternity in France?
The court will look at 2 things:
- ‘La possession d’état constatée par acte de Notoriété’: this French legal term refers to a legal recognition concerning an invidual’ parents or ‘filiation’ in French.
- A statutory declaration of acknowledgement of parentage.
What is a statutory declaration of acknowledgement of parentage in France?
A statutory declaration of acknowledgement of parentage in France states that someone is the legal or biological parent of a child.
This form can be a birth certificate or a joint form of parentage.
What is ‘la possession d’état constatée par acte de Notoriété’?
This French legal term refers to a legal recognition concerning an individual’ parents or ‘filiation’ in French and to the legal establishment of a family.
Conditions for this deed to be valid:
- A parent must treat the child as their own and take care of their education and maintenance.
- A child must be seen as the child of an individual by the society.
- The child must have their parent’s surname
How to establish ‘la possession d’état’?
If you’re the father of a child, you can apply.
What is the deed related to ‘la possession d’état’?
Definition:
‘l’acte de notoriété’ or deed in English is a legal document with witnesses’ statements drafted by a legal officer or a judge.
A legal officer in France can be a Notaire, a civil registration officer, a mayor.
Therefore, it’s really difficult to challenger such a deed unless evidencing the dispute.
A child or a parent can apply for a deed.
How to challenge ‘la filiation’ in France?
- If the father is listed on the birth certificate, the father must challenge the birth certificate
- If a father is not listed on the birth certificate but is taking care of the child, the deed must be challenged.
- If the father is both listed on the birth certificate and on the deed, both must be challenged.
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Challenging paternity
The father has been taking care of a child for more than 5 years and he’s listed on the birth certificate. Who can challenge paternity?
When the father is listed on the birth certificate, only the prosecutor can challenge paternity in France.
However, the prosecutor can only challenge paternity in the following situations:
- A fraud (such as surrogacy)
- Evidence showing the father cannot be the father, for example, he’s too young to be the father.
Without any of these situations, challenging paternity is impossible.
To learn more about surrogacy in France, follow this link:
The father has been taking care of the child for less than 5 years and he’s listed on the birth certificate. Who can challenge paternity?
Only some individuals can challenge paternity when the father is listed on the birth certificate and has been taking care of the child for less than 5 years:
- The father listed on the birth certificate
- The biological mother
- An individual pretending to be the parent
- The child
- The prosecutor in case of a fraud
What is the timeframe to challenge paternity?
If the father is listed on the birth certificate, you can challenge paternity within 5 years from the day ‘la possession d’état’ has ended.
The father doesn’t take care of the child but he’s listed on the birth certificate. What is the timeframe to challenge paternity?
If you want to challenge paternity and you’re listed on the birth certificate, you have 10 years from the moment you apply.
If you want to challenge paternity and you’re the child, you can challenge it up to 28 years old.
The father is not listed on the birth certificate, but he is on the agreement or deed. Who can challenge paternity and when?
With a deed, anyone can apply to challenge paternity.
For example, a beneficiary following his father’s death. You’ve got up to your 28s to challenge paternity if you’re the child otherwise you have up to 10 years from the day you apply.
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Evidence for challenging paternity
Disagreements about parentage: what type of evidence to present?
To challenge paternity when the father is listed on the birth certificate, he must prove that he is not the biological father.
Any evidence can be served to challenge paternity.
For example: witnesses statements, administrative paperwork, mails, texts, pictures, emails….
Is it possible to get a DNA test?
Yes!
Most of the time the father or the mother can require a DNA test when challenging paternity.
A DNA test can also be required by the court but also by the judge.
Can you refuse a DNA test?
Yes!
A father can refuse to take part in a paternity test. His agreement is required.
However, continued refusal by the father to participate mean the court will judge upon his refusal.
In France is it possible to get a DNA test after death?
No!
If the father is dead, getting a DNA test is forbidden unless the father gave his agreement in his will before his death.
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The legal process of contesting paternity
In which jurisdiction can you apply to dispute parentage?
The court only can decide.
Do I need to appoint a family law lawyer when challenging paternity?
Yes!
It’s compulsory to appoint a family law lawyer when disputing parentage.
Does the child have to appoint a different family law lawyer when challenging paternity?
When the child’s interests are opposed to the individual who is challenging paternity, the court has the power to appoint someone to act as administrator in place of the child who would normally be entitled to carry out the role.
What are the potential implications of challenging paternity?
Paternity fraud can have severe legal consequences:
- Removal of parental responsibility
- Removal of the biological relationship
- Change of the birth certificate with a mark from the court
- Change of the child’s surname. However the court can decide otherwise if it’s the child’s best interest.
Can a father seek financial compensation with paternity fraud?
Yes!
A deceived father can be entitled to seek financial compensation for any child maintenance payments.
Can a deceived father still have father-child relationship?
Yes!
Court can decide that a deceived father can still have father-child relationship to avoid a disruption if it’s the child’s best interest.
Shall a child over 18 change their surname?
Yes!
If the child is over 18 when challenging paternity, the child must give consent to change their surname.
Legal consequences of paternity fraud rejected by the court
When the father is the biological father, consequences are:
- Seek for financial compensation from the petitioner. The father must evidence the emotional disruption.
- The father still has parental responsibility. He keeps his rights and duties.
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You want to learn more about challenging paternity?
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Our expert legal team is here to help you challenge paternity with confidence.
Contact us today for a consultation and take the first step towards clarity and peace of mind.
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