What means parentage ?
Parentage is the legal bond between a child and his parents.
This relationship is not necessarily biological. It creates mutual rights
and obligations between the child and his parents.
Parentage within a married couple
The establishment of the parentage of a child with its biological parents is automatic.
The husband is presumed to be the father of the child, his name is mentioned in the birth certificate.
For the mother, for the estasblishment of a filiation link , it is sufficient that her name
appears in the birth certificate.
This means that parents do not need to recognize or take any steps to establish filiation.
Parentage within an unmarried couple
The establishment of parentage differs in the case of an unmarried couple.
For the mother, her name must appear in the birth certificate. Conversely, the father must make an acknowledgment. This recognition can be done at two moments : either before birth or after birth.
Before birth, an act of recognition will be drawn up by a civil registrar, an act that must be presented at the time of the declaration of birth at the mayor's office.
Recognition may also be established at the time of the birth certificate that must be declared within 3 days after birth or after birth registration in any town.
Child recognition is not possible within a homosexual couple.
There are two types of adoption.
The first is the full adoption, which replaces the existing legal relationship between the adoptee and his family of origin by a new link between the adoptee and his host family. Conversely, simple adoption also creates a new legal relationship between the adopter and the adopted, but the link does not replace the relationship between the adoptee and his family of origin.
The adoption procedure is open to anyone over 28 years of age whether or not they are married, living alone or in a couple. Adoption is also open to married couples who have been married for more than 2 years or both aged over 28 years.
As regards the procedure for full adoption, the parents or the adoptive parent alone must obtain an authorization in order to be able to adopt. Once obtained, the child is placed with them for at least 6 months.
It is only after the placement of the child that the adoptive parents or the adopter can apply to the local court of the place of their residence to start the adoption processus . The petition must specify the type of adoption
Attorney’s services are compulsory in this case unless the adopted child was taken to the home before the age of 15 years. In this case, the request may be sent to the public prosecutor who will forward it to the court.
Upon examination, the judge shall notify the couple or the adopting person of his decision. The decision can be appealed at the Court of Appeal.
Concerning the simple adoption, once the authorization has been obtained, the couple or adoptive parent must apply for adoption to the social welfare department in order to register it on a regularly updated list in order to be chosen as adopters by the Pupils’ family Council of the State in charge of their tutelage.
An application to the High Court of the place of residence must also be filed stating that the desired adoption is a simple adoption. Upon examination, the judge shall notify the couple of his decision. The decision may also be appealed to the Court of Appeal