Atharthacht a chonspóidtear: conas banna na scagtha a bhriseadh?

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Atharthacht a chonspóidtear: conas banna na scagtha a bhriseadh?

Is it impossible to contest his paternity? Yes, on the contrary. Even if, of course, this process is framed by many rules.

Possession of state, quésaco?

To be able to break a bond of filiation, it must still be recognized by the State. This is the whole purpose of “state possession”. This shows a link between a child and his alleged parent, even if they have no biological link. “It applies when the presumption of paternity of the husband is ruled out, or when the child was not recognized at birth,” explains the Ministry of Justice on the site service-public.fr.

For this link to be recognized, it is not enough to simply claim it, it is also necessary to provide proof. Notably :

  • “The alleged parent and the child behaved as such in reality (effective family life)
  • the alleged parent has financed all or part of the education and maintenance of the child

  • the society, the family, the administrations recognize the child as that of the alleged parent. “

Note: if the birth certificate of a child mentions the existence of a father, there can be no possession of status vis-à-vis another father.

The administration insists on the fact that the possession of state must meet the following 4 criteria:

  1. “It must be continuous, based on usual facts, even if they are not permanent. The relationship must be established over time.
  2. It must be peaceful, that is, not be established in a violent or fraudulent manner.
  3. It must be public: the alleged parent and the child are recognized as such in everyday life (friends, family, administration, etc.)
  4. It should not be ambiguous (there should be no doubt). “

Cad é faoi ?

It is an action “which allows justice to say that the child was never, in reality, the child of the official parents”, answers the Ministry of Justice, on service-public.fr. It is for this reason that the challenge of maternity is extremely rare. In order to succeed, it would then be necessary to prove that the mother did not give birth to the child.

On the other hand, to contest paternity, it is necessary to provide proof that the husband or the author of the acknowledgment is not the real father. A biological expertise can in particular provide this proof very clearly. Its reliability is indeed greater than 99,99%.

Who can contest and within what timeframe?

Filiation established by possession of state can be contested by any person who has an interest in it: the child, his father, his mother, anyone who claims to be his real father.

For example: a man recognized a child he thought was his. A few years later, when he separates from the mother of the child, he suspects that she lied to him about the identity of the father. He then decides, to restore the truth and possibly contest his paternity, to carry out a DNA test.

 

If this dispute is accepted, it cancels the parentage bond, and consequently all the legal obligations attached to it (parental authority, maintenance obligation, etc.).

 

The public prosecutor can challenge a legally established parentage in two cases:

  • “Clues drawn from the acts themselves make it implausible. The implausibility resulting from the acts themselves will essentially concern the case of recognition of a person much too young to be the father or the mother of the child.
  • There has been a fraud of the law (for example, adoption fraud or vicarious pregnancy). “

When parentage appears on a civil status certificate

It is not possible to dispute if the possession of status has lasted more than 5 years.

 

If it has lasted less than 5 years, it is possible to contest within 5 years from the day the possession of status ceased.

A DNA test that must be ordered by a French judge for it to be admissible is evidence often used to contest paternity. The request for a genetic expertise to contest a filiation can only be requested by the child concerned. The heirs, a brother, a relative or the mother herself of the child do not have this right.

In the absence of possession of status, any person who has an interest in it can initiate a contestation action within 10 years from the date of birth or recognition. When it is the child who initiates this action, the 10-year period runs from the date of his 18th birthday.

When parentage has been established by a judge

“The action in dispute can be brought within 10 years from the date of issuance of the act by any person who has an interest”, we can read on service-public.fr.

An nós imeachta

Contesting paternity requires going to court. The assistance of a lawyer is non-negotiable.

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If the child is a minor, he must also be represented by what is called an “ad hoc administrator”, a person responsible for legally defending an unemancipated minor, “when his interests are in contradiction with those of his legal representatives ”.

The effects of the action

“If the disputed parentage is called into question by the judge:

  • the parentage link is canceled retroactively;
  • the civil status documents concerned are updated as soon as the decision becomes final;

  • the rights and obligations, which weighed on the parent whose filiation is canceled, disappear.

Cancellation of parentage may result in the change of the name of the minor child. But if the child is of legal age, it is essential to obtain his consent.

Once pronounced, the decision to annul parentage automatically and automatically entails a change in the civil status documents. No action is to be taken. “

Finally, the judge can also, if the child wishes, set a framework so that he can continue to maintain links with the person who was raising him previously.

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