Filiation

Filiation is a fundamental concept in family law, which defines the legal relationship between a child and his or her parents. This link is crucial because it establishes the reciprocal rights and obligations between the parents and the child, particularly in terms of parental authority, surname and inheritance rights. This relationship can be established in different ways, depending on the  family situation of the parents at the time of the child’s birth.

Establishment of Filiation

First and foremost, it is possible to define it according to maternal and paternal filiation. The first is generally established automatically at birth, as soon as the mother’s name appears on the child’s birth certificate. As for the second, it can be established automatically or voluntarily depending on the circumstances (marriage of the parents, recognition by the father, court decision).

Secondly, the definition of the legal relationship can be made according to legitimate or natural filiation, depending on whether it is a child born to married parents or not.

In addition, it is possible to establish it according to adoptive filiation, by full or simple adoption. Full adoption creates a filial bond that completely replaces the bond with the family of origin. The child adopts the surname of his or her adoptive parents and enjoys the same rights as a biological child. On the other hand, simple adoption creates a parent-child relationship with the adoptive parents while maintaining the relationship with the biological family. The child can keep his or her original name or have both names.

Finally, there are legal procedures to establish filiation, such as the action for recognition of paternity: if the father does not recognize the child, the mother (or the child, once he or she has reached the age of majority) can take legal action to establish paternity. This action may be based on DNA testing or other evidence. There is also the paternity challenge, which can be brought by the father, mother or child to contest an existing parent-child relationship, usually in case of doubt about biological paternity.

Rights and duties arising from filiation

Once filiation has been established, it gives rise to reciprocal rights and obligations between the parents and the child.

First of all, the exercise of parental authority: the parents jointly exercise parental authority, which involves making important decisions concerning the child (education, health, religion). In the event of separation, the exercise of this power may be shared or entrusted to one of the parents, depending on the custody arrangements. In addition, parents have a legal obligation to ensure the maintenance, education and development of their children, including financial matters.

The establishment of filiation also confers rights on the child: he or she has the right to bear the surname of his or her parents, or a combination of the two. He or she also has the right to know his or her parents and to be protected by them. In addition, from an inheritance perspective, children can inherit their parents’ property in accordance with the rules of the applicable inheritance law.

The role of the lawyer in establishing filiation

 A lawyer can inform you about the rights and obligations specific to your situation, in order to manage issues related to the establishment of the parent-child relationship, depending on whether you are married, in a civil union, in a cohabiting relationship or separated. If your situation requires legal intervention, the lawyer can represent you and defend your interests, but he can also help you with the various consequences that arise from your situation. BCV Lex, our teams in Bordeaux and Madrid are at your service and operate throughout France and Spain to defend your interests. Don’t hesitate to contact us.