Recognition of a child
Acknowledging your child is a major step in establishing filiation. It is not always automatic. This voluntary step enables you to register your name as the ascendant in the child's birth certificate. As a result, parental authority, rights and duties in the child's best interests will be established.
When should a child be recognized?
Any parent can voluntarily acknowledge the birth of a child. Often, this takes place at the same time as the birth declaration, in the days following childbirth.
In several cases, filiation is automatic:
- For the mother;
- For the father, when he is married to the mother.
In other situations (PACS, common-law union...), recognition by the father is mandatory to establish paternal filiation.
In addition, early recognition by the unmarried mother simplifies the process of passing on the family name.
How do you recognize a child?
Before birth
It is not necessary to wait until birth to acknowledge a child. Throughout the pregnancy, the couple or one of the parents can make an appointment at the commune's registry office to make a declaration of recognition.
On presentation of supporting documents, a registrar will draw up the acknowledgement document, and invite the parent(s) present to sign it. A copy will be given, which must be presented when the birth is declared.
Required supporting documents:
- A valid form of identification. If the future father presents himself alone, the mother's identity document must also be presented;
- A proof of address less than 3 months old.
At birth
Frequently, recognition is carried out at the same time as the declaration of birth. This can be done at the town hall, or with the civil registrars on duty at the city's three maternity hospitals: CHU Arnaud de Villeneuve, Clinique Saint-Roch and Clinique Clémentville.
As maternal filiation is automatically recorded in the birth certificate, in principle, only the father is required to make an acknowledgement.
The necessary supporting documents:
- A valid form of identification;
- A proof of address less than three months old;
- Any information concerning the child's birth.
In the case of recognition at the time of the birth declaration, the father's name will be entered in the child's birth certificate.
Later
A late acknowledgement can be made at any time after the birth. However, if this goes beyond the first year, only the mother will exercise parental authority.
In this case, the father can make an appointment at the registry office, armed with the birth certificate or family record book. The registrar will record this acknowledgement in the margin of the birth certificate and in the family record book. The mother must be notified.
Birth abroad
Acknowledgement is also possible for children born abroad. In this case, a recent birth certificate from the country of origin is required.
Note: recognition can also be performed before a notary.
Contesting parentage
If the child's filiation is already established with another man, it is necessary to contest this filiation before the late recognition.
Special cases
Female couples
For female couples, the mother who gave birth is automatically recorded on the birth certificate. In the case of medically assisted procreation with gamete donation, the second mother may also acknowledge the child, regardless of the couple's status: marriage, pacs or common-law union.
Joint acknowledgement must be made with a notary before the child is conceived. An authenticated copy of this acknowledgement will be given to the civil registrar at the time of the birth declaration. The latter will then indicate both mothers in the child's birth certificate.
If the joint acknowledgement is not given at the time of the birth declaration, this can be done later by the legal representative of the minor child, or even the child who has come of age. In this case, the matter must be referred to the public prosecutor. The acknowledgement will then be indicated in the margin of the child's birth certificate.
Male couples
In the case of male couples, only the biological father can acknowledge the child, establishing natural filiation. The second father may also wish to establish adoptive filiation.
- Simple adoption establishes filiation in addition to that of the mother, and therefore grants a third parental authority;
- Plenary adoption substitutes one filial bond for another. In this case, the mother loses all parental rights to the adoptive father.
Simple or full adoption requires referral to the public prosecutor. This can be done by post or online.
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