Family Code > CHAPTER NINE FILIATION 3

Section 3. Proof of Filiation

Article 154. – Record of Birth.

Both the paternal and the maternal filiation of a person are proved by his record of birth.

Article 155. – Proof in Default of Record of Birth.

In default of a certificate of birth, filiation is proved by the possession of the status of child.

Article 156. – Possession of Status (1) Definition

A person has the possession of the status of child when he is treated by the community as being the child of such man or woman.

Article 157. – (2) Proof by Possession of Status

1) Where the possession of the status of child is proved in accordance with the preceding Article, the court shall take presumption that the child is born of such man or woman.

2) The presumption under the preceding Sub-Article may be rebutted by proving that the child could not be born of such man or woman.

Article 158. – Action to Claim Filiation.

1) In default of possession of the status of child, filiation may be proved by witnesses or by any other evidence.

2) The action to claim filiation may not be instituted except with the permission of the court.

3) Such permission shall not be granted unless there are presumptions or indications resulting from concrete facts enabling the court to grant permission.

Article 159. – Inadmissibility of Action.

No permission to institute the action to claim filiation shall be granted where the person whose filiation is to be established has already another filiation resulting from his birth certificate and corroborated by possession of a status in conformity with such certificate.

Article 160. – Person to Institute the Action.

1) The action to claim filiation may be instituted by the child, by his guardian or by his heirs.

2) It may also be instituted by those who claim to be the father or the mother of the child.

Article 161. – When to Institute the Action.

1) The child may institute the action to claim filiation at any time during his life.

2) The parents or guardians of a child may institute it only during the minority of the child.

3) The heirs may not institute it unless the child died before the age of twenty years and within one year after his death.

Article 162. – Person Against Whom Action Instituted.

1) Where the action to claim filiation is instituted by the mother, it shall be made against the child.

2) In other cases, it shall be instituted against the mother or her heirs.

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