Family Code > CHAPTER NINE FILIATION 1

CHAPTER NINE

FILIATION

Section 1. Ascertainment of Paternity and Maternity

Sub-Section 1. General Provisions.

Article 123. – Legal Rules Mandatory.

Unless the law expressly authorizes, the legal rules concerning the ascertainment of paternity and maternity shall ne be derogated by agreement.

Article 124. – Maternal Filiation.

Maternal filiation is ascertained from the sole fact that the woman has given birth to the child.

Article 125. – paternal Filiation.

1) paternal filiation results from the maternal filiation when a relation provided for by the law has existed between the mother and a certain man at the time of the conception or the birth of the child.

2) It may result from an acknowledgement of paternity made by the father of the child.

3) It may also result from a judicial declaration.

Sub-Section 2. Presumption of Paternity

Article 126. – Presumption of Paternity of the Husband

A child conceived or born in wedlock has the husband as father.

Article 127. – Generality of Presumption.

1) The provisions of Article 126 shall apply whatever the manner in which the maternal filiaton of the child may have been established.

2) They shall also apply when the record of birth of the child does not indicate the husband as the father of the child or when it indicates that another man is the father of the child.

3) In such cases, the record of birth shall merely be corrected.

Article 128. – Duration of Pregnancy.

1) A child shall be deemed to have been conceived in wedlock if he is born more than 180 days after the celebration of the marriage and within 300 days after its dissolution.

2) No proof to the contrary shall be admitted.

Article 129. – Absence of the Husband

The provisions of this Code concerning presumption of paternity shall not apply to a child born 300 days after the day indicated, as the date of last news, in the judgment declaring the absence, of the person presumed by law as the father.

Article 130. – Irregular Union.

1) A child conceived or born during an irregular union has as father the man engaged in such union.

2) The provisions of Articles 127 and 128 concerning the generality of presumptions and the duration of the pregnancy shall apply to the presumption provided in this Article.

Sub Section 3. Acknowledgement of Paternity

Article 131. – (1) Principle.

When the father of the child is not determined by applying the provisions of the preceding Articles, the paternal filiation of the child may be established by an acknowledgement of paternity.

Article 132. – (2) Definition.

An acknowledgement is deemed to be made when a certain man made a declaration that he considers himself the father of certain child merely conceived or born.

Article 133. – (3) Form.

An acknowledgement of paternity results from the declaration made by a man before an officer of civil status or by a Will he made in writing or by a document attested by any competent authority that he is the father of the child.

Article 134. – Representation.

1) The declaration shall be made personally by the father of the child even though he is a minor.

2) The mandate to make such a declaration shall only be given by a special power of attorney approved by the court.

3) It may be made personally by a person subject to judicial interdiction or in his name by a legal representative, with the permission of the court.

Article 135. – Death of the Father.

If the father of the child is dead or is not in a position of manifesting his will, the acknowledgement of paternity may be made, in his name, by one of his parents.

Article 136. – Non-Admission by the Mother.

1) The acknowledgement of paternity shall be of no effect unless it has been acknowledged, to be well founded, by the mother of the child.

2) If the mother of the child is dead or is not in a position of manifesting her will, the acknowledgement of paternity may be accepted by the maternal grandfather or grandmother of the child.

3) In default of maternal grandparents, it may be accepted by another maternal ascendant or by the guardian of the judicially interdicted person.

Article 137. – Majority of the Child.

An acknowledgement of paternity shall be of no effect unless it has been accepted by the child himself when it is made after the latter has attained majority.

Article 138. – Condition of Acceptance.

The acknowledgement of paternity shall be deemed to be accepted where the persons mentioned in Articles 136 and 137 have not raised any protest against such acknowledgement within one month after they came to know of it.

Article 139. – Death of the Child.

The acknowledgement of the paternity may not be made after the death of the child unless the latter has left descendants.

Article 140. – Revocation.

1) The acknowledgement of paternity may not be revoked.

2) A minor who has acknowledged a child may revoke such acknowledgement for so long as he is incapable and within one year following the cessation of his incapacity, unless his guardian consented to the acknowledgement.

3) This right of revocation may be exercised by the minor only. It may not be exercised by his legal representatives nor by his heirs.

Article 141. – Annulment.

1) Acknowledgement of paternity may be annulled on the ground of violence.

2) It may not be annulled on the ground of error or fraud unless it is decisively proved that the child could not have been conceived of the person who made the acknowledgment.

Article 142. – Several Acknowledgements Prohibited.

Where an acknowledgement of paternity has been made regard to a child, no other acknowledgement of the child by another man shall be permitted unless the first acknowledgment has been annulled.

Sub-Section 4. Ascertainment of Paternity by Judicial Declaration.

Article 143. – (1) Judicial Declaration of Paternity.

Where, after applying the preceding Articles, the father of the child is not ascertained, a judicial declaration of paternity made be obtained under the following conditions;

(a) In the case where the mother has been the victim of abduction or rape at the time of conception of the child;

(b) In the case where, at the time of conception of the child, the mother has been the victim of seduction accompanied by abuse of authority, promise of marriage, or any other similar act of intentional deception;

(c) In the case where there exist letters or other documents written by the claimed father which unequivocally prove paternity:

(d) Om the case where the claimed father and the mother of the child have lived together in continuous sexual relation, without having a legally recognized relation, in the period regarded by law as the period of pregnancy.

(e) In the case where the person claimed to be the father of the child has participated in the maintenance, care and education of the child in the capacity of a father.

Article 144. – (2) Action for Judicial Declaration of Paternity.

An action brought for judicial declaration of paternity, based on the provisions of the preceding Article shall be of no effect under the following conditions;

(a) In the case where the mother of the child had sexual relationship with another man in the period regarding by law as the period of pregnancy unless it is proved by medical or other reliable evidence that such man is not the father of the child.

(b) In the case where the claimed person could not be the father of the child for he was absent or has been a victim of accident during the period regarded by law as the period of pregnancy.

(c) In the case where the person claimed to be the father of the child decisively proves by blood examination or other reliable medical evidence that he could not be the father of the child.

Article 145. – No other Cases.

A judicial declaration of paternity shall not be demanded or made except in the cases specified under Article 143 of this Code.

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