Parentage of a child born in a heterosexual married couple
Verified 08 July 2026 - Public Service / (Prime Minister)
Are you married, of a different sex and have a child? Parentage is the relationship between a child and his father and mother. For married couples of different sex, the establishment of the filiation of a child is automatic. However, paternity is not presumed in certain situations. We present the rules concerning filiation with regard to the father and with regard to the mother.
With respect to the father
If you are married, the establishment of your child's parentage is most often automatic.
However, your paternity is not presumed in certain situations.
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General scenario
In a married couple, paternal filiation is established automatically.
As a husband, you are presumed to be the father of your child (we are talking presumption of paternity).
Your name is indicated in the birth certificate.
You don't need to make a recognition and so you have no steps to take to establish your child's parentage.
Divorce/legal separation
In the event of a divorce or body separation, the establishment of your paternity depends on the date of birth of the child.
Paternal filiation is established automatically if the child is born within one of the following periods:
- Less than 300 days after the application for divorce (or legal separation) or the filing with the notary of the agreement regulating the consequences of the divorce
- More than 180 days after the final rejection of the application for divorce (or legal separation) or the reconciliation of the spouses.
In that case, you are presumed to be father of the child.
However, your paternity is not not automatically established if the child is born within one of the following periods:
- More than 300 days after the application for divorce (or legal separation) or the filing with the notary of the agreement regulating the consequences of the divorce
- Less than 180 days after the final rejection of the application for divorce (or legal separation) or the reconciliation of the spouses.
In this case, you are not presumed to be the father of the child.
It is said that the presumption of paternity is discarded.
Please note
If the presumption of paternity has been rejected, it may be reinstated. Depending on your situation, you have to go through a recognition or by a procedure before a notary or before the judicial court.
Birth certificate without indication of father
The mother may not mention that she is married at the time of the declaration of birth.
In this case, the child's birth certificate does not designate the husband as the father.
You are not not presumed to be the father of the child.
It is said that the presumption of paternity is discarded.
Your paternal filiation is not established automatically.
Please note
If the presumption of paternity has been rejected, it may be reinstated. Depending on your situation, you have to go through a recognition or by a procedure before a notary or before the judicial court.
Child recognized by another man
When another man recognized the child before he was bornthe paternal filiation of the husband does not automatically become established.
You are not not presumed to be the child's father.
It is said that the presumption of paternity is discarded.
Please note
If the presumption of paternity has been rejected, it may be reinstated. You must address to the judicial court.
Medically assisted reproduction with third-party donor
If you wish to benefit from a AMP: titleContent requiring the intervention of a third-party donor, you and your spouse must give your joint consent to that AMP before a notary.
Who shall I contact
The donation can be one of the following:
- Donation of semen
- Egg donation
- Embryo donation.
Dual donation of gametes (semen and egg) is allowed.
An embryo can therefore be conceived with gametes that do not come from you or your spouse.
The notary must inform you about the consequences your consent to the filiation of your future child.
These consequences include:
- You will not be able to establish a relationship of filiation between the child born of procreation and the author of the donation
- You can only challenge your child's parentage if you prove that he or she is not a child ofAMP: titleContent.
Agreement on the parent-child relationship
Any agreement relating to the parent-child relationship shall be forbidden.
This is the case, for example, with a maternity agreement on surrogacy.
With respect to the mother
Parentage rules depend on your situation:
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General scenario
For filiation to be established in respect of the mother, it is sufficient that her name be indicated in the birth certificate.
You do not need to perform a recognition.
You have no steps to take to establish your child's parentage.
Medically assisted reproduction with third-party donor
If you wish to benefit from a AMP: titleContent requiring the intervention of a third-party donor, you and your spouse must give your joint consent to that AMP before a notary.
Who shall I contact
The donation can be one of the following:
- Donation of semen
- Egg donation
- Embryo donation.
Double donation of gametes (semen and egg) is allowed.
An embryo can therefore be conceived with gametes that do not come from you or your spouse.
The notary must inform you about the consequences your consent to the filiation of your future child.
These consequences include:
- You will not be able to establish a relationship of filiation between the child born of procreation and the author of the donation
- You can dispute the child's filiation with your husband only if you prove that the child is not from theAMP: titleContent
- The father may challenge the child's filiation only if he proves that he is not from the AMP.
Childbirth under X
The mother, even if married, may choose not to be named in the birth certificate and giving birth in anonymity (under X).
In this case, filiation cannot be established against his will.
If she wishes to establish a relationship of filiation with the child, she must recognize the town hall within 2 months of delivery.
Agreement on the parent-child relationship
Any agreement relating to the parent-child relationship shall be forbidden.
This is the case, for example, with a maternity agreement on surrogacy.
Who can help me?
Find who can answer your questions in your region
Administrative information by telephone - Allô Service Public
For more information on this subject, you can contact Allô Service Public.
Please note: the service does not have access to users' personal files and cannot therefore provide information on their progress.
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The informants who answer you belong to the Department of Justice.
Prohibition of procreation or gestation on behalf of others: article 16-7
General provisions on filiation
Proofs and presumptions of filiation
Consent to AMP
The designation of the mother in the birth certificate
The presumption of paternity
Consent to AMP
Exclusion of the title relating to filiation for same-sex married couples
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