The law states that the father of a child born during the marriage or within 300 days of the dissolution or annulment of the marriage is the husband of his or her mother (article 315 of the Code Civil [Civil Code]).
This presumption of paternity may be contested by the mother, the child, the man in respect of whom parentage is established and by the person who claims to be the father of the child.
The action to contest paternity by the mother must be commenced within one year of the birth of the child. The action of the husband must be commenced within one year of the discovery of the fact that he is not the father of the child.
The action of the person who claims to be the biological father of the child must be commenced within one year of the discovery that he is the father of the child.
The action to contest by the child must be brought at the earliest on the day he or she has reached the age of 12 years and no later than the day that he or she reaches the age of 22 or in the year of the discovery of the fact that the husband is not his or her father.
The establishment of paternity through a judicial decision may be made when a child born outside of marriage has not been recognised on a voluntary basis by a man wishing to become his father legally.
If the biological father of the child refuses to assume his responsibilities with respect to the latter by refusing to acknowledge him or her, the mother and the child may require him to do so through a judicial action for acknowledgement of paternity.
Conversely, the biological father is also entitled to bring an action to establish paternity.
