When the parents of the newborn child are married, recognition is not necessary: the child is said to be “legitimate”.
On the other hand, when the parents of the child are not married, the child is said to be “natural”. If the father must recognize the child to establish his filiation, the mother no longer needs.
Since a reform of July 2005, the only indication of his name in the birth certificate of the child is sufficient to establish the filiation with regard to him (article 311-25 of the civil code).
Declaration of birth is different from recognition. However, you can recognize a child during the declaration, and have a family record book drawn up. |
Why recognize a child?
– Recognizing a natural child makes him légalement your child. Filiation can then no longer be contested.
– The “recognized” child has the same rights as the legitimate child, particularly in matters of inheritance. This is also the case of the adulterous child since the reform of 2005.
An adulterous child is a child born out of wedlock, but one of the parents is married. |
Who can recognize the child?
If the parents are both single: the father or the mother, or both together.
If the mother is single and the father married: the father or the mother, or both together.
The consent of the father’s wife is not required.
If the mother is married and the father is not her husband: the father, or the mother under his maiden name, or both together.
In that case :
Recognition by the father has no effect if the child lives with its mother and her husband, and the latter treats him as his child. |