Contestation of filiation (paternity or maternity)

Verified 14 September 2026 - Public Service / (Prime Minister)

Do you want to dispute the filiation relationship between a child and a parent (married or unmarried)? The paternal or maternal filiation of a child may be challenged before the judge only by certain persons and within certain time limits. The rules vary depending on whether filiation is established by the child's birth certificate or by a act of notoriety. We tell you what you need to know.

What applies to you ?

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Disputes are possible in the following cases:

  • Filiation by blood, established by the birth certificate of the child
  • Parentage established by a notarial act of notoriety.

Dispute is not possible in the following cases:

Parentage by birth certificate

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)).

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.

Filiation by deed of notoriety

The challenge of filiation is a legal action to demonstrate that there is no filiation between the child and his or her official parent.

Most often, it is paternity that is contested.

When the filiation established between a child and his father was established by an act of notoriety (written by a notary), it is possible to dispute it.

Parentage established by an act of notoriety may be challenged by any person who has a legitimate interest.

For example, a heir from the father.

Parentage may be challenged in a 10 years from the date of the act of notoriety.

Paternity can be challenged by reporting the evidence that the elements on which the act of notoriety is based are false.

The notarial deed, drawn up by a notary, establishes the existence of family relations between a child and his supposed father.

The relationship between the supposed father and the child must fulfill all the following conditions:

  • The relationship must be established over time. The father and the child must have normal relationships, even if they are not permanent.
  • It must not be established in a violent or fraudulent manner
  • The alleged parent and the child must be recognized as such in everyday life (friends, family, administration, etc.)
  • There should be no doubt that he is the father of the child.

That's what we call the state ownership.

Paternity can also be challenged by providing evidence that the man recognized as a father in the act of notoriety 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.

Refusal to comply 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)).

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?

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