Contestation of filiation (paternity or maternity) - Affiliation by notoriety

The paternity challenge is a legal action to demonstrate that there is no relationship of filiation between the child and its official parent.

Most often, it is the paternity that is challenged.

When the filiation established between a child and his father has been established by a notorious deed (written by a notary), it is possible to contest it.

Affiliation established by a well-known deed may be contested by any person who has a legitimate interest.

For example, an heir to the father.

Parentage may be contested in a 10-year period from the date of the public awareness act.

Paternity can be challenged by adducing evidence that the man recognized as the father in the notoriety act is not the biological father of the child.

All means of proof are possible.

Biological expertise (paternity test) is usually ordered by the judge.

The refusal to comply may be interpreted by the judge as an admission of paternity or, as the case may be, of non-paternity.

The action challenging a parentage shall take place before the court of law, with the mandatory assistance of a lawyer.

If the child is a minor, he must be represented by a ad hoc administrator when his interests conflict with those of his legal representatives (his parent or parents).

When the contested parentage is challenged by the judge, the consequences are as follows:

• Retroactive cancelation of the parent-child relationship
• Automatic updating of relevant civil status documents
• Disappearance of the rights and obligations of the parent whose filiation is canceled (parental authority, maintenance obligation, etc.)

Cancelation of filiation may result in renaming of the minor child.

If the child is of age, the name change is possible only with the child's consent.