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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

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belgiquelex.be - Carrefour Bank of Legislation

18 DECEMBER 2014. - An Act to amend the Civil Code, the Private International Law Code, the Consular Code, the Act of 5 May 2014 establishing the filiation of the co-parent and the Act of 8 May 2014 amending the Civil Code with a view to establishing equality of men and women in the mode of transmission of the name to the child and to the benefit (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chamber has adopted and we sanction the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 74 of the Constitution.
CHAPTER 2. - Amendments to the Civil Code
Art. 2. In section 335 of the Civil Code, replaced by the Act of 8 May 2014, the following amendments are made to paragraph 3:
1° in paragraph 3, the words "in article 319bis, paragraph 2" are replaced by the words "in articles 313, § 3, paragraph 2, 319bis, paragraph 2, or 322, paragraph 2";
2° in paragraph 4, the words "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 § 1er"by the words "by the parents according to the rules laid down in § 1er or Article 335ter, § 1er".
Art. 3. In section 356-2 of the same Code, replaced by the Act of 8 May 2014, paragraph 5 is replaced by the following:
"The name chosen by the adopters in accordance with paragraphs 2 and 3 applies to other children whose filiation is subsequently established with respect to the same parents. ".
CHAPTER 3. - Amendments to the Code of Private International Law
Art. 4. In the Private International Law Code, the title of Chapter V is replaced by the following:
"Filiation and adoptive filiation".
Art. 5. In the same Code, the title of section 1re Chapter V is replaced by the following:
"Filiation."
Art. 6. In section 61 of the same Code, the following amendments are made:
(a) in the introductory sentence, the words "paternity or maternity" are replaced by the words "a filiation";
(b) in 2° and 3°, the words "whose paternity or maternity" are replaced by the words "in respect of which filiation".
Art. 7. In section 62 of the same Code, the following amendments are made:
1° in paragraph 1erParagraph 1er, the words "paternity or maternity" are replaced by the words "of filiation with respect to";
2° in paragraph 2, paragraph 1erthe following amendments are made:
(a) the words "of the same sex" are repealed;
(b) the second sentence beginning with the words "In case of" and ending with the words "the narrowest." is replaced by the following sentence:
"In the event of a conflict between several filiations arising out of the law or resulting from several acts of recognition, the conflict is governed, among the designated rights, by that of the State with which the situation has the closest links. ";
3° in paragraph 2, paragraph 2 is repealed.
CHAPTER 4. - Amendment of the Consular Code
Art. 8. In Article 7, 4°, of the Consular Code, the words "in Article 335" are replaced by the words "in Articles 335 and 335ter".
CHAPTER 5. - Amendments to the Act of 5 May 2014
establishing the parent's filiation
Art. 9. In the Dutch text of Article 3 of the Law of 5 May 2014 establishing the filiation of the co-parent, which amends Article 57, 2°, of the Civil Code, the word "moederszijde" is replaced by the word "meemoederszijde".
Art. 10. In the Dutch text of article 4 of the same law, which amends article 62ter, 2°, of the Civil Code, the word "moederszijde" is replaced by the word "meemoederszijde".
Art. 11. In the same Act, an article 5/1 is inserted as follows:
"Art. 5/1. In section 318 of the same Code, replaced by the law of 1er July 2006 and amended by the Acts of 27 December 2006 and 30 July 2013, the following amendments are made:
1° in paragraph 1er, the words "and by the person who claims the paternity of the child" are replaced by the words ", the man who claims the paternity of the child and the woman who claims the comaternity of the child";
2° paragraph 2, paragraph 1er, is supplemented by the following sentence:
"The action of the woman who claims the comaternity must be brought in the year of the discovery of the fact that she has consented to the design, in accordance with Article 7 of the Act of 6 July 2007 on medically assisted procreation and to the destination of supernumerary embryos and gametes, and that the design may therefore be the consequence. ";
3° the article is supplemented by a paragraph 6 as follows:
§ 6. The application for contestation introduced by the woman who claims the comaternity of the child is only justified if it is proven that she has consented to medically assisted procreation in accordance with Article 7 of the Act of 6 July 2007 on medically assisted procreation and to the destination of supernumerary embryos and gametes, and that the conception of the child may therefore be the consequence. The decision entitled to this disputed action shall in full right lead to the establishment of filiation with respect to the applicant. The Family Court shall verify that the conditions of Article 332quinquies, §§ 1er1/1, 2 and 4 are respected. Otherwise, the action is rejected.".
Art. 12. In article 6 of the same law, which replaces article 319 of the Civil Code, the words "article 326bis" are replaced by the words "article 329bis".
Art. 13. In section 18 of the Act, which inserts section 325/7 into the Civil Code, the following amendments are made to subsection 1er :
1° Paragraph 4 is replaced by the following:
"The action of the mother and the person who has recognized the child must be brought in the 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 the Act of July 6, 2007 on medically assisted procreation and to the destination of supernumerary embryos and gametes. ";
2° in the Dutch text of paragraph 7, the words "of wet van 7 juli 2007" are replaced by the words "of wet van 6 juli 2007".
Art. 14. Section 23 of the Act is replaced by the following:
"Art. 23. Section 328 bis of the Civil Code, replaced by the Act of 27 December 2006, is replaced by the following:
"Art. 328bis. The actions referred to in Articles 318 and 325/3 may be brought before birth by the man who claims the paternity of the child and by the woman who claims the comaternity of the child.
The action referred to in article 325/4 may be brought before birth by the woman who claims the child's comaternity.
The action referred to in Article 329bis may be brought before birth by the man who claims the paternity of the child.".
Art. 15. In the same Act, an article 24/1 is inserted as follows:
"Art. 24/1. In section 330 of the same Code, replaced by the law of 1er July 2006 and amended by the Acts of 27 December 2006, 30 July 2013 and 8 May 2014, the following amendments are made:
1° in paragraph 1erParagraph 1er, the words "and the man who claims paternity" are replaced by the words ", the man who claims the paternity of the child and the woman who claims the comaternity of the child";
2° in paragraph 1er, paragraph 4, the words "filiation" are replaced by the words "paternity or maternity";
3° paragraph 1er, paragraph 4, is supplemented by the following sentence: "The action of the woman who claims the comaternity must be brought in the year of the discovery of the fact that she has consented to the design, in accordance with Article 7 of the Act of July 6, 2007 on medically assisted procreation and the destination of supernumerary embryos and gametes, and that the design may be accordingly. ";
4° the article is supplemented by a paragraph 4 written as follows:
§ 4. The application for contestation introduced by the woman who claims the comaternity of the child is only justified if it is proven that she has consented to medically assisted procreation in accordance with Article 7 of the Act of 6 July 2007 on medically assisted procreation and to the destination of supernumerary embryos and gametes, and that the conception of the child may therefore be the consequence. The decision entitled to this disputed action shall in full right lead to the establishment of filiation with respect to the applicant. The Family Court shall verify that the conditions of Article 332quinquies, §§ 1er1/1, 2 and 4 are respected. Otherwise, the action is rejected.".
Art. 16. Section 28 of the Act is replaced by the following:
"Art. 28. In the same Code, an article 335ter is inserted as follows:
"Art. 335ter. § 1er. The child whose maternal filiation and filiation with respect to the co-parent are established simultaneously bears either the name of his mother, or the name of his co-parent, or their two names in the order chosen by them within the limit of a name for each of them.
The mother and the co-parent choose the child's name at birth. The Civil Registry Officer takes note of this choice. In the event of disagreement or in the event of a lack of choice, the child shall bear the name of the co-parent.
§ 2. If the parent's filiation is established after the mother's filiation, no change is made to the child's name.
However, the mother and the co-parent together, or one of them if the other is deceased, may declare, in an act prepared by the Civil Registry officer, that the child shall bear either the name of the co-parent or their two names in the order chosen by them within the limit of a name for each of them.
This statement is made within one year of the date of recognition or the day on which a decision establishing filiation with respect to the co-parent is cast in force of evidence and before the majority or emancipation of the child. The one-year period shall take place on the day following the notification or service referred to in 325/6, paragraph 2, and 325/8, paragraph 2.
In the event of a change in filiation with respect to the co-parent or maternal filiation during the minority of the child as a result of an action in contestation of filiation on the basis of articles 312, § 2, 325/3, §§ 4 and 5, 325/7, § 3 and 4, or 330, §§ 3 and 4, the judge shall act the new name of the child, as applicable, byer or Article 335, § 1er.
Mention of the declaration referred to in paragraph 2 or the device of the judgment referred to in paragraph 4 is made on the margins of the birth certificate and other acts concerning the child.
§ 3. If a child's filiation is changed as the child reaches the age of majority, no change is made to the child's name without the child's consent.
§ 4. The name determined in accordance with paragraphs 1er and 2 applies to other children whose filiation is subsequently established with respect to the same mother and co-parent.".
CHAPTER 6. - Amendment of the Act of 8 May 2014 amending the Civil Code with a view to establishing equality of men and women in the mode of transmission of the name to the child and to the optimization
Art. 17. Section 12 of the Act of 8 May 2014 amending the Civil Code with a view to establishing equality between men and women in the mode of transmission of the name to the child and to the child is replaced by the following:
"Art. 12. § 1er. By derogation from Article 11, parents or adopters may, by joint declaration or by declaration of the surviving parent or adopter in the event of pre-decess of the other parent or adopter, the civil status officer made before 1er June 2015, ask for the benefit of their common minor children born before 1er June 2014 and subject to the fact that they do not have major children in common on the day of the declaration, to assign another name chosen in accordance with the provisions of this Act. The name is assigned to all common minor children.
§ 2. In case of birth or adoption of a child after 1er June 2014, the declaration referred to in paragraph 1er is made in the year following the day of delivery or adoption, if it took place in Belgium, or the registration of adoption by the federal central authority referred to in section 360-1 of the Civil Code, if it was pronounced abroad.
§ 3. In case of establishment after 1er June 2014 of a second filiation of a common minor child born before 1er June 2014, the declaration referred to in paragraph 1er is made within a period of one year from the date of recognition or the day that the decision establishing this second filiation is cast into force of the judged thing. The period of one year shall take place on the day following the notification or meaning referred to in articles 313, § 3, paragraph 2, 319bis, paragraph 2, 322, paragraph 2, 325/6, paragraph 2, or 325/8, paragraph 2, of the Civil Code.
In case of change after 1er June 2014 of the filiation of a common minor child born before 1er June 2014, following an action in dispute 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 shall act the new name of the child, chosen, if any, by the parents according to the rules set out in Articles 335, § 1er§ 1erThe Civil Code.
§ 4. The declaration referred to in paragraph 1er is made to the civil status officer of the commune in which the child is registered in the registers of the population. If the child is registered in the consular registers of the population referred to in Chapter 8 of the Consular Code, the declaration shall be made to the head of the career consular post in which the child is registered. Reference is made to the name assigned on the margins of the birth certificate and other acts concerning the child.".
CHAPTER 7. - Transitional provision and entry into force
Art. 18. § 1er. Parents or adopters of a common child or children who were unable to make the declaration of change of name referred to in section 12 of the Act of 8 May 2014 amending the Civil Code with a view to establishing equality of man and woman in the mode of transmission of name to the child and to the child, before 1er January 2015 and at least one of the common children became major after 1er June 2014, may make this declaration until 31 May 2015, in the cases referred to in Article 12, § 1er, in the event of a parent's predence or adoption.
Parents or adopters of a common child or children registered in the consular registers of the population who were unable to make the declaration of name change referred to in section 12 of the aforementioned Act of 8 May 2014, before 1er January 2015 and at least one of the common children became major after 1er June 2014, may file this declaration until May 31, 2015.
§ 2. The major child(s) referred to in paragraph 1er must consent to the change of name in the declaration of name change so that this declaration can be made.
Art. 19. This Act comes into force on 1er January 2015, with the exception of Article 17, which produces its effects on 1er June 2014.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 18 December 2014.
PHILIPPE
By the King:
Minister of Justice,
K. GEENS
Seen and sealed the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives
(www.lachambre.be)
Documents. 54-538.
Full report: 11 December 2014.