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Act On The Establishment Of The Filiation Of The Parenthood (1)

Original Language Title: Loi portant établissement de la filiation de la coparente (1)

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belgiquelex.be - Carrefour Bank of Legislation

5 MAI 2014. - Parentage Act (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendment of the Civil Code
Art. 2. In article 56 of the Civil Code, last amended by the Act of January 14, 2013, the words "by the father or mother" are replaced by the words "by the father, mother or co-parent".
Art. 3. Article 57, 2°, of the same Code is supplemented by the words "or co-parent, if filiation with respect to the co-parent is established".
Art. 4. Article 62ter, 2°, of the same Code is supplemented by the words "or with the co-parent, if filiation with respect to the co-parent is established".
Art. 5. In section 80bis, paragraph 2, of the same Code, the following amendments are made:
1° 2° is replaced by the following:
"2° the year, the day, the place of birth, the name, the first names and the domicile of the mother; ";
2° it is inserted a 2° /1 written as follows:
"2° /1 year, day, place of birth, name, first name and domicile of the father or co-parent, or father or non-married co-parent with the mother and who recognized the child conceived, in accordance with section 328. Upon request, and with the permission of the mother, the name, surnames and domicile of the father or non-married co-parent with the mother and who has not recognized the conceived child may also be indicated;".
Art. 6. Section 319 of the same Code, replaced by the Act of 1er July 2006, is replaced by the following:
"Art. 319. When paternity is not established under sections 315 or 317, or the comaternity referred to in chapter 2/1, the father may recognize the child under the conditions set out in section 326 bis."
Art. 7. Article 322, paragraph 1er, of the same Code, replaced by the law of 1er July 2006 and amended by the Act of 30 July 2006, is replaced by the following:
"When the paternity is not established, neither under sections 315 or 317, nor by recognition, and that the comaternity referred to in Chapter 2/1 is not established, it may be determined by a judgment pronounced by the family court, subject to the conditions laid down in section 332quinquies. "
Art. 8. In Book I, Title VII, of the Civil Code, a Chapter 2/1 entitled:
"Chapter 2/1. - The establishment of parentage."
Art. 9. In Chapter 2/1, inserted by Article 8, a section 1 is insertedre entitled:
"Section 1re. - General provisions."
Art. 10. In section 1re, inserted by article 9, an article 325/1 is inserted as follows:
"Art. 325/1. When paternity is not established under Chapter 2, the comaternity may be established under the provisions of this chapter. "
Art. 11. In Chapter 2/1, inserted by Article 8, a section 2, entitled:
"Section 2. - Presumption of comaternity."
Art. 12. In section 2, inserted by article 11, an article 325/2 is inserted as follows:
"Art. 325/2. The child born during the marriage or within three hundred days after the dissolution or cancellation of the marriage, is the wife.
The provisions of Articles 316 to 317 shall apply by analogy."
Art. 13. In the same section 2, an article 325/3 is inserted as follows:
"Art. 325/3. § 1er. Unless the child has the possession of a state in respect of the wife, the presumption of comaternity may be challenged before the family court by the mother, the child, the co-parent in respect of which filiation is established, the woman who claims the comaternity of the child and the man who claims the paternity of the child.
§ 2. The mother's action must be brought in the year of birth.
The wife's action must be brought in the year of the discovery that she did not consent to the act of procreation for the purpose or year of discovery that the conception of the child cannot be the consequence of the act of procreation for the purpose and to which she consented.
The action of the woman who claims the comaternity must be brought in the year of the discovery of the fact that she consented to the design, in accordance with the Act of 6 July 2007 on medically assisted procreation and to the destination of supernumerary embryos and gametes, and that the design can be the consequence of this act.
The action of the man who claims the paternity of the child must be brought in in the year of the discovery of the fact that he is the father of the child.
The child's action must be brought as soon as the day he reaches the age of twelve and no later than the day on which he reaches the age of twenty-two years or in the year on which the wife has not consented to the act of procreation for the purpose or in the year of the discovery that the child's conception cannot be the consequence of the act having the wife.
The comaternity established under section 317 may also be contested by the previous husband or the previous wife.
§ 3. Without prejudice to §§ 1er and 2, the action in dispute of the presumption of comaternity is declared to be founded unless it is proved by any means of law that the wife has consented, prior to the conception, to artificial insemination or to another act having the purpose of procreation, unless the conception of the child cannot be the consequence.
§ 4. The application for contestation introduced by the man who claims to be the biological father of the child, is only justified if his paternity is established. The decision entitled to this disputed action shall in full right lead to the establishment of the applicant's filiation. The Family Court verifies that the conditions of section 332quinquies are met. Otherwise, the action is rejected.
§ 5. The application for contestation introduced by the woman who claims the comaternity of the child is only justified if it is proven that 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, she consented to medically assisted procreation, and that the conception of the child may be the consequence. The decision entitled to this disputed action shall in full right lead to the establishment of the applicant's filiation. The Family Court shall verify that the conditions of Article 332quinquies, §§ 1er1/1, 2 and 4 are respected. Otherwise, the action is rejected."
Art. 14. In Chapter 2/1, inserted by Article 8, a section 3 is inserted as follows:
"Section 3. - Recognition."
Art. 15. In section 3, inserted by section 14, an article 325/4 is inserted as follows:
"Art. 325/4. When the parent is not established under section 325/2, the co-parent may recognize the child under the conditions set out in section 329 bis.
By derogation from Article 329bis, § 2, paragraph 3, the application shall be rejected if it is established that the applicant has not consented to the design in accordance with the Act of 6 July 2007 on medically assisted procreation and to the destination of supernumerary embryos and gametes, or that the design cannot be accordingly. "
Art. 16. In the same section 3, an article 325/5 is inserted as follows:
"Art. 325/5. The co-parent cannot recognize the child, when the recognition would appear between the mother and her an impediment to marriage to which the King cannot dispense, unless the marriage that gave birth to this impediment was cancelled or dissolved by death or divorce. "
Art. 17. In the same section 3, an article 325/6 is inserted as follows:
"Art. 325/6. If the co-parent is married and recognizes the child of a person other than her spouse, this recognition must be made known to the spouse or wife.
For this purpose, if the act is received by a Belgian civil official or a Belgian notary, a copy of the act is sent by registered letter to the post by the Belgian civil official. If the act is not received by a Belgian civil officer or a Belgian notary, it is served by exploiting bailiffs at the request of the co-parent, child or legal representative of the latter.
Until this communication, recognition is unopposable to the husband or wife, to the children born of his marriage with the author of recognition and to the children adopted by both spouses. "
Art. 18. In the same section 3, an article 325/7 is inserted as follows:
"Art. 325/7. § 1er. Unless the child has the possession of a state in respect of the person who has recognized it, the co-parent's recognition may be challenged before the family court by the man who claims paternity, the mother, the child, the woman who has recognized the child and the woman who claims the comaternity.
However, the author of the recognition and those who have given the prior consents required or referred to in section 329bis are only admissible to challenge the recognition if they prove that their consent has been emptied.
Recognition may not be contested by those who were parties to the decision that authorized it in accordance with section 329bis or the decision that refused the cancellation requested under this section.
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 wife consented in accordance with the Act of 6 July 2007 on medically assisted procreation and the destination of supernumerary embryos and gametes.
The action of the woman who claims the comaternity must be brought in the year of the discovery of the fact that she consented to the design in accordance with the Act of 6 July 2007 on medically assisted procreation and to the destination of supernumerary embryos and gametes and that the design can be the consequence of this act.
The action of the man who claims the paternity of the child must be brought in in the year of the discovery of the fact that he is the father of the child.
The action of the child must be taken at the earliest of the day he reached the age of twelve and at the latest on the day he reached the age of twenty-two years or in the year of discovery that his conception cannot be the consequence of the act to which the author of the recognition consented in accordance with the law of July 6, 2007 relating to medically assisted procreation and to the destination of the embryos on number
§ 2. Without prejudice to § 1er, recognition shall be voided if it is proved by any law that the person concerned has not consented to the design in accordance with the Act of 6 July 2007 on medically assisted procreation and to the destination of supernumerary embryos and gametes or that the design cannot be the consequence.
§ 3. The application for contestation introduced by the person who claims to be the biological father of the child is only founded if his paternity is established. The decision entitled to this disputed action shall in full right lead to the establishment of the applicant's filiation. The Family Court verifies that the conditions of section 332quinquies are met. Otherwise, the action is rejected.
§ 4. The application for contestation introduced by the woman who claims comaternity is only justified if it is proven that she consents to medically assisted procreation in accordance with 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 be the consequence. The decision entitled to this disputed action shall in full right lead to the establishment of the applicant's filiation. The Family Court shall verify that the conditions of Article 332quinquies, §§ 1er, 1er/1, 2 and 4 are respected. Otherwise, the action is rejected."
Art. 19. In Chapter 2/1, inserted by Article 8, a section 4 entitled:
"Section 4. - Comaternity research.
Art. 20. In section 4, inserted by section 19, an article 325/8 is inserted as follows:
"Art. 325/8. Where comaternity is not established, neither under Article 325/2, nor by recognition, it may be established by judgment, under the conditions laid down in Article 332quinquies, §§ 1er, 1er/1, 2 and 4.
If the respondent is married and the action concerns a child of a person whose wife is not, the judgment pronounced by the family court that establishes filiation must be served on the spouse or wife. Until such meaning, it is not enforceable either to the spouse or wife, or to children born from marriage with the defendant or adopted by both spouses. "
Art. 21. In the same section 4, an article 325/9 is inserted as follows:
"Art. 325/9. State possession of the alleged co-parent proves filiation.
In the absence of a state possession, filiation with respect to the co-parent is proved by consent to the medically assisted procreation given 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, where the design of the child may be the consequence.
The court therefore rejects the application if it is proven that the person whose filiation is sought has not given his consent to the medically assisted procreation given 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 or that the conception of the child cannot be the consequence. "
Art. 22. In the same section 4, an article 325/10 is inserted as follows:
"Art. 325/10. The search for comaternity is irreceivable when the judgment would reveal, between the alleged co-parent and the mother, an impediment to marriage to which the King cannot dispense unless the marriage that caused this impediment was annulled or dissolved by death or divorce. "
Art. 23. Article 328bis of the Civil Code, inserted by the law of 27 December 2006, is supplemented by the following sentence:
"The actions referred to in articles 325/3 and 325/7 may be brought before the birth by the woman who claims the comaternity of the child."
Art. 24. Section 329 of the Code, replaced by the Act of March 31, 1987, is replaced by the following:
"Art. 329. A child cannot be subjected to more than two filiation links producing effect.
When a child is recognized by several people of the same sex, only the first recognition produced effect, as long as it has not been cancelled. This provision does not apply to the co-parent recognition of a child recognized by the mother.
When a child is recognized by a father and a co-parent, only the first recognition produced effect, as long as it has not been cancelled. "
Art. 25. In article 331 of the same Code, inserted by the Act of March 31, 1987, the words "like his father or mother" are replaced by the words "like his father, mother or co-parent".
Art. 26. Section 332bis of the Civil Code, inserted by the Act of March 31, 1987, is replaced by the following:
"Art. 332bis. The actions in contestation of a state must be formed so that the child or his descendants and that of his or her authors whose paternity, comaternity or maternity is not contested are the cause as well as the person whose paternity, comaternity or maternity is contested. "
Art. 27. In section 332ter of the same Code, inserted by the Act of March 31, 1987, paragraphs 3 and 4 are replaced by the following:
"The application must be formed in such a way that the child or his descendants and that of the authors whose paternity, maternity or comaternity is already established are called to the cause as well as the person whose paternity, maternity or comaternity is sought.
If the maternity action may result in the establishment of parental filiation or comaternity under section 315, 317 or 325/2, it must also be brought against the spouse or wife and, where applicable, the previous spouse or the previous wife of the alleged mother. "
Art. 28. In section 335 of the same Code, replaced by the Act of 31 March 1987 and amended by the Act of 1er July 2006, the following amendments are made:
1° § 1er is supplemented by a paragraph that reads as follows:
"When maternal filiation and parentage are established simultaneously, the mother and the co-parent choose either the name of one of them, or one of the names of each of them, in the order that they determine. The mother and the co-parent choose the name at the time of birth. ";
2° in § 3, a paragraph written as follows is inserted between paragraphs 1er and 2:
"If filiation with respect to co-parent is established after maternal filiation, no change is made in 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 officer that the child bears the name of the co-parent. "
CHAPTER 3. - Enabling provisions
Art. 29. The King is empowered to adapt terminology and references to the legislative provisions in force in accordance with the provisions introduced by this Act.
CHAPTER 4. - Transitional provision
Art. 30. Section 325/2 applies to the filiation of children born after the coming into force of this Act.
Without prejudice to paragraph 1erSections 325/4 to 325/7 apply, from the date of entry into force of this Act, to children born before the coming into force of this Act, provided that there is no filiation link, by adoption, between the person who wishes to recognize the child and the child.
CHAPTER 5. - Entry into force
Art. 31. This Act comes into force on the first day of the sixth month following that of its publication in the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 5 May 2014.
PHILIPPE
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
Seen and sealed the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) House of Representatives
(www.lachambre.be)
Documents. 53-3532.
Full report: 22 April 2014.
Senate
(www.senate.be)
Documents. 5-2445.
Annales of the Senate: April 3, 2014.