I am a father ! How is filiation established?

What are the different types of filiation?

Parentage is the legal bond between a child and his or her parents. When this bond is established, it generates not only rights but also obligations for each party. This will have an impact on the attribution of the family name or on the exercise of parental authority, for example. It will also generate obligations such as the obligation of maintenance, for example, existing between parents and children and vice versa. Our French law knows three types of filiation:

• Legitimate filiation for children born to married couples. A child is considered legitimate from the moment he is born of a father and a mother united by marriage or if he is conceived during the marriage of his parents.
• Natural filiation concerns children born to parents who are not married to each other (cohabitation and civil union).
• Adoptive filiation, on the other hand, does not result from blood ties but from a court decision.

The 2005 reform put an end to the hierarchy of filiation: "All children whose filiation is legally established have the same rights and duties in their relations with their father and mother. It should be remembered that before, a child born out of wedlock had half as many rights in the succession of his parents as if he had been legitimate.

Can one contest his filiation ?

It can happen that you have been recognized by a man who is not your biological father. In this case, it is possible to contest a legally established paternity so that the whole truth is known. We will then take into account what is called the possession of state. It is the fact of behaving as a father towards the child, of providing for his education, his maintenance. It is a legal presumption. It is based on facts observed by the child's entourage. A biological expertise will also be made to be sure that the person is indeed the father. This procedure takes place before the judicial court and is subject to different deadlines depending on the case.

What is early recognition?

The parents have normally 3 days after the delivery to declare the birth of their baby, at the town hall of the place of birth. This formality (often done by the hospital or clinic) is mandatory. You will be given the child's birth certificate. The recognition of a child is a voluntary step that can be done before the birth, at the time of the declaration or after the birth. It is initiated by the mother, the father or both parents. For unmarried couples, it is essential to make what is called an early recognition of the child, because filiation is automatically established for the mother but not for the father. The anticipated recognition by the father allows to establish the filiation towards him. In the unfortunate event of a problem at the time of delivery, the father will be legally responsible for the child. This act of recognition is done at the town hall at the civil status department or, less frequently, at the notary's office.

Stéphanie Swiklinski