Contestation of filiation (paternity or maternity) - Parentage by birth certificate
Verified 14 septembre 2026 - Public Service / (Prime Minister)
The challenge of filiation is a legal action to demonstrate that there is no filiation link between the child and his official parent.
Most often, it is paternity that is contested.
Warning
In order to contest maternity, proof must be provided that the woman designated by the birth certificate as the mother did not give birth to the child.
If filiation is established by the child's birth certificate, the dispute depends on the following:
- The parent invests (or has invested) in the child's education (we speak of state ownership)
- The parent did not invest in the child's education.
People who can challenge parentage vary depending on how the parent is involved (or has invested) in the child's education:
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The father has been involved in the child's education for more than 5 years or has been involved for more than 5 years
Only the public prosecutor may challenge the parent-child relationship in the following cases:
- Fraud of the law (e.g. adoption fraud or pregnancy for hire or reward)
- Clues that make filiation implausible (for example, recognition by a person far too young to be the father of the child).
In other cases, the relationship of filiation is not disputable.
The father has been involved (or has been involved) in the child's education for less than 5 years
The persons who can contest the filiation established by the birth certificate are:
- Father designated in the birth certificate
- Mother named in the birth certificate
- Person who claims to be the real parent
- Child himself from his majority.
The public prosecutor may also contest filiation in the following cases:
- Fraud of the law (e.g. adoption fraud or pregnancy for hire or reward)
- Clues that make filiation implausible (for example, recognition by a person far too young to be the father of the child).
The father does not participate (or has not participated) in the child's education at all
Anyone who has a legitimate interest may challenge the filiation between the father appearing in the birth or recognition certificate and the child.
For example, a heir from the father.
The public prosecutor may also contest filiation in the following cases:
- Fraud of the law (e.g. adoption fraud or pregnancy for hire or reward)
- Clues that make filiation implausible (for example, recognition by a person far too young to be the father of the child).
The time limit for contesting filiation varies depending on how the parent is involved (or has invested) in the child's education:
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The father has been involved in the child's education for more than 5 years or has been involved for more than 5 years
You can't dispute the parentage link.
The father has been involved in the child's education for less than 5 years or has been involved for less than 5 years
The parent-child relationship may be challenged in a 5-year period from the day on which the parent/child relationship ceased, for example in the event of the father's death.
If it is the child who disputes his filiation, he can act within 5 years from the date of his 18 years, that is to say until his 23 years.
The father does not participate or has not participated in the upbringing of the child
The challenge may be initiated in a 10 years from the date of birth or recognition.
If it is the child who disputes his parentage, he can act within 10 years from the date of his 18 years, that is, until his 28 years.
Paternity can be challenged by providing evidence that the man mentioned in the birth certificate or who made the recognition is not the biological father of the child.
All means of proof are possible.
Biological expertise (paternity test) is most often ordered by the judge.
The judge may refuse, but only if he considers that there is a legitimate reason for refusing (for example, the specific interest of the child).
Refusal to submit to a biological assessment may be interpreted by the judge as an admission of paternity or, as the case may be, of non-paternity.
FYI
Biological expertise post mortem is possible only if the person had given his express agreement in his lifetime.
The action to challenge a parentage takes place before the court of justice.
The use of a lawyer is mandatory.
Who shall I contact
If the child is a minor, he/she must be represented by a ad hoc administrator when his interests are at odds with those of his legal representatives (his parent(s)).
Who shall I contact
When the contested parentage is challenged by the judge, the consequences are as follows:
- Retroactive cancelation of the parent-child relationship
- Automatic updating of the civil status documents concerned
- Disappearance of the rights and obligations of the parent whose parentage is canceled (parental authority, maintenance obligationetc.).
Cancelation of parentage may result in name change of the minor child.
If the child is of legal age, the change of name is possible only with his/her consent.
FYI
In the interests of the child, the judge may organize the relationship conditions with the person who raised him before, to preserve the existing emotional ties.
Who can help me?
Find who can answer your questions in your region
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.
- House of Justice and Law
Change of surname
Actions challenging filiation
Ad hoc administrator of the minor
Medically assisted reproduction
Contestation of filiation and interest of the child