An Act To Amend The Civil Code, The Code Of Private International Law, Consular Code, Act Of May 5, 2014, On The Establishment Of The Filiation Of The Parenthood And May 8, 2014 Act Amending The Civil Code To Establish Equality Of Human And

Original Language Title: Loi modifiant le Code civil, le code de droit international privé, le Code consulaire, la loi du 5 mai 2014 portant établissement de la filiation de la coparente et la loi du 8 mai 2014 modifiant le Code civil en vue d'instaurer l'égalité de l'homme et de

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014009668&caller=list&article_lang=F&row_id=400&numero=459&pub_date=2014-12-23&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-12-23 Numac: 2014009668 SERVICE PUBLIC FÉDÉRAL JUSTICE 18 December 2014. -Act to amend the civil Code, the code of private international law, the consular Act of May 5, 2014, on the establishment of the filiation of the parenthood and the law of May 8, 2014, amending the civil Code to establish the equality of man and woman in the mode of transmission of the name to the child and the adopted person (1) PHILIPPE , King of the Belgians, to all, present and to come, hi.
The House has passed, and we endorse the following: Chapter 1.
-Available general Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
CHAPTER 2. -Changes of the Code civil art. 2A article 335 of the civil Code, which was replaced by the law of May 8, 2014, the following amendments are made to subsection 3: 1 ° in paragraph 3, the words "in article 319bis, paragraph 2" shall be replaced by the words "articles 313, § 3, paragraph 2, 319bis, paragraph 2, or 322, paragraph 2";
2 ° in paragraph 4, the words "in articles 318 and 330" are replaced by the words "articles 312, § 2, 318, §§ 5 and 6, or 330, §§ 3 and 4" and the words "by the father and mother, according to the rules set out in the § 1" by the words "by parents according to the rules set out to the § 1 or in article 335ter, § 1".
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3. in article 356-2 of the same Code, replaced by the law of May 8, 2014, paragraph 5 is replaced by the following: "the name chosen by the adoptive parents in accordance with paragraphs 2 and 3 applies to other children whose filiation is subsequently established with respect to the same parents.".
CHAPTER 3. -Changes of the Code of private international law art. 4. in the Code of private international law, the title of chapter V is replaced by the following: "Filiation and adoptive filiation".
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5. in the same Code, the title of section 1 of chapter V is replaced by the following: "Parentage".
S. 6. in article 61 of the Code, the following changes are made: a) in the introductory phrase, the words "paternity or maternity" are replaced by the words "of a filiation link";
(b) in the 2 ° and 3 °, the words "including the paternity or maternity" are each time replaced by the words "towards which the filiation".
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7 article 62 of the same Code, the following changes are made: 1 ° in the paragraph 1, paragraph 1, "paternity or maternity" shall be replaced by the words "of the link of parentage with respect";
2 ° in paragraph 2, paragraph 1, the following changes are made: a) the words "same sex" are repealed;
(b) the second sentence beginning with the words "If" and ending with the words "the closer."
is replaced by the following sentence: "Conflicts between several filiations resulting from right of the Act or resulting from several acts of recognition, the conflict is governed, among the designated rights, by that of the State with which the situation is most closely.";
3 ° in the paragraph 2, subparagraph 2 is repealed.
CHAPTER 4. -Modification of Code consular art.
8. in article 7, 4 °, consular code, the words "in article 335" are replaced by the words "in articles 335 and 335ter".
CHAPTER 5. -Amendments to the Act of May 5, 2014, on the establishment of the filiation of the parenthood s. 9. in the Dutch text of article 3 of the Act of May 5, 2014, on the establishment of the filiation of the parenthood, which amends article 57 (2) of the civil Code, the word "moederszijde" is replaced by the word "meemoederszijde".
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10. in the Dutch text of article 4 of the same Act, which amends article 62ter, 2 °, of the civil Code, the word "moederszijde" is replaced by the word "meemoederszijde".
S. 11. in the same Act, it is inserted an article 5/1 as follows: "article 5/1. Article 318 of the Penal Code, replaced by the law of July 1, 2006 and amended by laws of December 27, 2006 and July 30, 2013, the following changes are made: 1 ° in paragraph 1, the words "by the person claiming the paternity of the child" shall be replaced by the words ", the man who claims the paternity of the child and the woman who claims the comaternite of the child";
2 ° paragraph 2, paragraph 1, is supplemented by the following sentence: "the action of the woman who claims the comaternite must be commenced within one year of the discovery that she has consented to the design, in accordance with article 7 of the law of 6 July 2007 relating to medically assisted procreation and the destination of supernumerary embryos and gametes , and that design can be the consequence. ";
3 ° article is supplemented by a paragraph 6 worded as follows: "§ § 6 6" Demand for challenge introduced by the woman who claims the comaternite of the child is based if it is shown that she has consented to the medically assisted procreation in accordance with article 7 of the law of 6 July 2007 on medically assisted procreation and the destination of supernumerary embryos and gametes, and that the conception of the child can be the consequence. The decision granting this protest action causes of right the establishment of filiation against the applicant. The family court verifies that the requirements of article 332quinquies, §§ 1, 1/1, 2 and 4, are met.
Otherwise, the action is dismissed. "."
S. 12. in article 6 of the same Act, which replaces article 319 of the civil Code, the words "article 326bis" are replaced by the words "article 329bis".
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13 A section 18 of the Act, which inserts article 325/7 in the civil Code, the following changes are made to the paragraph 1: 1 ° paragraph 4 is replaced by the following: "the action of the mother and the person who has recognized the child must be brought within one year of the discovery that the conception of the child cannot be the consequence of the Act to which the person who has recognized the child has consented in accordance with" Act of July 6, 2007 on medically assisted procreation and the destination of supernumerary embryos and gametes. ";
2 ° in the Dutch text of paragraph 7, the words "de wet van 7 juli 2007" shall be replaced by the words "de wet van 6 juli 2007".
S. 14. article 23 of the Act is replaced by the following: 'article
23. article 328bis of the civil Code, replaced by the law of December 27, 2006, is replaced by the following: 'article 328bis. actions referred to in articles 318 and 325/3 may be brought before the birth, by the man who claims the paternity of the child and the woman who claims the child comaternite.
The action referred to in article 325/4 may be brought before the birth, by the woman who claims the child comaternite.
The action referred to in article 329bis may be brought before the birth by man claiming paternity of the child. "."
S. 15. in the same Act, it is inserted an article 24/1 as follows: "article 24/1. Article 330 of the Code, replaced by the law of July 1, 2006 and amended by laws of 27 December 2006, 30 July 2013 and 8 may 2014, the following changes are made: 1 ° in the paragraph 1, paragraph 1, the words "and the man who claims authorship" shall be replaced by the words ", the man who claims the paternity of the child and the woman who claims the comaternite of the child";
2 ° in the paragraph 1, paragraph 4, the words "filiation" are replaced by the words "fatherhood or motherhood";
3 ° paragraph 1, paragraph 4, the following sentence is added: "the action of the woman who claims the comaternite must be commenced within one year of the discovery that she has consented to the design, in accordance with article 7 of the law of 6 July 2007 relating to medically assisted procreation and the destination of supernumerary embryos and gametes , and that design can be the consequence. ";
4 ° article is supplemented by a paragraph 4 as follows: "§ § 4 4" Demand for challenge introduced by the woman who claims the comaternite of the child is based if it is shown that she has consented to the medically assisted procreation in accordance with article 7 of the law of 6 July 2007 on medically assisted procreation and the destination of supernumerary embryos and gametes, and that the conception of the child can be the consequence.
The decision granting this protest action causes of right the establishment of filiation against the applicant. The family court verifies that the requirements of article 332quinquies, §§ 1, 1/1, 2 and 4, are met. Otherwise, the action is dismissed. "."
S. 16. article 28 of the Act is replaced by the following: 'article
28. in the same Code, it is inserted an article 335ter as follows: "article 335ter. § 1. The child whose maternal filiation and parentage to the parenthood are established simultaneously is either the name of his mother, the name of his parenthood, their two names together in the order chosen by them within the limits of a name for each of them.
The mother and the parenthood choose the child's name at birth. The civil status officer takes note of this choice. In case of disagreement or in the absence of choice, the child bears the name of the parenthood.
§ 2. If filiation to the parenthood is established after the maternal filiation, no change is made on behalf of the child.
However, the mother and parenthood together, or one of them if the other died, may declare in an act

drawn up by the civil status officer, that the child will bear the name of the parenthood either their two names together in the order chosen by them within the limits of a name for each of them.
This statement is made in a period of one year from the date of recognition or the day where a decision establishing filiation to the parenthood is leaked res judicata and before the majority or emancipation of the child. The period of one year shall commence the day following the notification or the meaning referred to in articles 325/6, paragraph 2, and 325/8, paragraph 2.
In the event of change of filiation to the parenthood or maternal filiation during the minority of the child sequence of action in challenge of the descent on the basis of articles 312, § 2, 325/3, §§ 4 and 5, 325/7, §§ 3 and 4, or 330, §§ 3 and 4, the judge Act the child's new name chosen, where appropriate, by the parents according to the rules set out in paragraph 1 or article 335, § 1.
Mention of the declaration referred to in paragraph 2 or the operative part of the judgment referred to in paragraph 4 is made on the sidelines of the Act of birth and other acts concerning the child.
§ 3. If the parentage of a child is changed while he has reached the age of majority, no change is made in his name without his consent.
§
4. The name determined in accordance with paragraphs 1 and 2 shall be binding on other children whose filiation is established with respect to the same mother and parenthood later. "."
CHAPTER 6. -Amendment of the law of May 8, 2014, amending the civil Code to establish the equality of man and woman in the mode of transmission of the name to the child and adopted s. 17. article 12 of the law of May 8, 2014, amending the civil Code to establish the equality of man and woman in the mode of transmission of the child and the adopted name is replaced by the following: 'article
12 § 1. By way of derogation from article 11, the parents or the adoptive parents may, by joint statement or declaration of parent or adoptive parent survivor of the child in the event of predecease the other parent or adopting, officer of civil status made before 1 June 2015, request for the benefit of their common minor children born before June 1, 2014 and subject that they have no children common to the day of the declaration assigning another name chosen in accordance with the provisions of this Act. The chosen name is attributed to the set of common minor children.
§ 2. In case of birth or adoption of a child after June 1, 2014, the declaration referred to in paragraph 1 is made within one year following the day of childbirth or adoption, if it took place in Belgium, or of the registration of the adoption by the Federal central authority referred to in article 360-1 of the civil Code, if it was made abroad.
§ 3. In the case after June 1, 2014, for a second link of parentage of a common minor child born before June 1, 2014, the declaration referred to in paragraph 1 is made within a period of one year from the date of recognition or agenda where the decision establishing this second descent is pouring in res judicata. The period of one year shall commence the day following the notification or the meaning referred to articles 313, § 3, paragraph 2, 319bis, paragraph 2, 322, paragraph 2, 325/6, paragraph 2, or 325/8, paragraph 2, of the civil Code.
If changes after June 1, 2014, to the parentage of a common minor child born before June 1, 2014, in result of an action to challenge on the basis of articles 312, § 2, 318, §§ 5 and 6, 325/3, §§ 4 and 5, 325/7, §§ 3 and 4, or 330, §§ 3 and 4 of the civil Code, the judge Act the child's new name chosen, where appropriate, by the parents according to the rules set out in articles 335, § 1, or 335ter, § 1, of the civil Code.
§ 4. The declaration referred to in paragraph 1 is made to an officer of the civil registry of the commune in which the child is enrolled in the population registers. If the child is entered in consular registers of the population referred to Chapter 8 of the consular Code, the declaration is made to the head of the consular office of career where it is registered.
There is mention of the name given in the margins of the Act of birth and other acts concerning the child. "."
CHAPTER 7. -Provision transitional and coming into force s. 18 § 1. Parents or adoptive parents of one or more joint children who were unable to perform the name change statement referred to in article 12 of the law of May 8, 2014, amending the civil Code to establish the equality of man and woman in the mode of transmission of the child and the adopted name, before January 1, 2015 and one or more joint children became major after June 1, 2014 , can make this statement until May 31, 2015, in the cases referred to in article 12, § 1, in the event of predecease of a parent or adoptive parent.
Parents or adoptive parents of a common child entered in consular registers of the population who were unable to perform the name change statement referred to in article 12 of the aforementioned law of May 8, 2014, before January 1, 2015 and one or more joint children became major after June 1, 2014, may make this declaration until May 31, 2015.
§ 2. The children referred to in paragraph 1 shall consent to the change of name in the change of name declaration so that this statement can be recorded.
S. 19. this Act comes into force on January 1, 2015, with the exception of article 17, which takes effect June 1, 2014.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, December 18, 2014.
PHILIPPE by the King: the Minister of Justice, K. GARG seen and sealed with the seal of the State: the Minister of Justice, K. GARG _ Note (1) House of representatives (www.lachambre.be) Documents. 54-538 full record: 11 December 2014.