Parentage (known in French law as filiation) is a cornerstone concept of family law.
It defines a person’s legal relationship to their parents and determines many personal and patrimonial rights and duties within the family.
This article explains what parentage means, how it is legally established, and what effects it produces under French law.
1. What Is Parentage?
Parentage is the legal bond that connects a person to their parents — their father (paternal parentage), their mother (maternal parentage), or another legally recognized parent.
This bond may arise from biology or from intention, such as through adoption or assisted reproductive technology (ART).
2. The Main Ways Parentage Is Established
Parentage can be established in several ways depending on the family situation and the child’s circumstances of birth:
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- By operation of law: for instance, the woman named on the child’s birth certificate is automatically recognized as the child’s legal mother.
- By voluntary acknowledgment: a parent (mother or father) may officially acknowledge a child before or after birth.
- By possession of status (possession d’état): when a person has behaved as the child’s parent and this situation is publicly known, parentage can be confirmed through an acte de notoriété issued by a notary or court.
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3. Recent Developments in French Parentage Law
French law on parentage has evolved significantly.
Today, all children have the same legal rights, regardless of whether they were born within or outside marriage.
Since 2021, French law also recognizes dual maternal parentage for children conceived through assisted reproductive technology (ART) within female same-sex couples.
4. The Legal Effects of Parentage
Establishing parentage has wide-ranging legal consequences, including:
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- Determination of the child’s family name;
- Attribution of parental authority (autorité parentale);
- The duty of parents to maintain and educate their child;
- The creation of reciprocal support obligations between parents and children (including both descendants and ascendants);
- The right to inheritance and transmission of family assets.
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5. Legal Actions Relating to Parentage
There are two main categories of parentage-related actions before the French judge :
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- Actions to establish parentage — for example, when one parent refuses to recognize the child or when biological parentage is not automatically established.
- Actions to contest parentage — for example, when someone wishes to prove they are not the child’s legal parent.
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These actions are subject to procedural safeguards and time limits.
In general, such actions must be brought within ten years from the moment the person was deprived of the legal status they are claiming, or began enjoying the status being contested.
For minors, the ten-year limitation period is suspended until they reach adulthood.
6. The Best Interests of the Child: A Guiding Principle
At every stage, French courts and lawmakers ensure that the best interests of the child remain paramount.
This principle governs all decisions related to the establishment, recognition, or contestation of parentage.
In Summary
Parentage under French law defines the fundamental legal relationship between a child and their parents — whether biological or based on a recognized intention (such as adoption or ART).
It is established on an equal basis, regardless of marital status or conception method, and gives rise to essential rights and duties.
Above all, the child’s best interests remain the central consideration in all family law matters.
For personalized advice or assistance with a parentage-related matter, do not hesitate to schedule a consultation with a family law attorney.
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