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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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014009353&caller=list&article_lang=F&row_id=600&numero=658&pub_date=2014-07-07&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-07-07 Numac: 2014009353 SERVICE PUBLIC FÉDÉRAL JUSTICE may 5, 2014. -Law on the establishment of filiation of Parenthood (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1 - General provision Article 1.
This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Modification du Code civil art. 2. in article 56 of the civil Code, as amended by the Act of January 14, 2013, "by the father or the mother" shall each time be replaced by the words "by the father, the mother or the parenthood".
S. 3. article 57 (2) of the same Code is supplemented by the words "or of the parenthood, if filiation to the parenthood is established".
S. 4. article 62ter, 2 °, of the same Code is supplemented by the words "or with the parenthood, if filiation to the parenthood is established".
S. 5. in article 80bis, paragraph 2, of the Code, the following changes are made: 1 ° 2 ° is replaced by the following: "2 ° the year, day, the place of birth, name, names and domicile of the mother;";
2 ° it is inserted a 2 ° 1 worded as follows: '2 ° 1 year, date, place of birth, name, given names and domicile of the father and parenthood, the father or the parenthood not marie (e) with the mother and who has recognized the child designed, in accordance with article 328' At his request, and with the permission of the mother, the name, forenames and the home of the father or the parenthood not marie (e) with the mother and which has not recognised the conceived child may also be indicated; "."
S. 6. article 319 of the Code, replaced by the law of July 1, 2006, is replaced by the following: 'article "319. where paternity is not established under sections 315 or 317, neither the comaternite referred to in Chapter 2/1, the father may recognize the child to the conditions laid down in article 326bis."
S. 7. article 322, paragraph 1, of the same Code, replaced by the law of July 1, 2006 and amended by the Act of July 30, 2006, is replaced by the following: "when paternity is not established, nor under sections 315 or 317, recognition, and that the comaternite referred to in Chapter 2/1 is not established It may be by a judgment delivered by the Court of the family, to the conditions laid down in article 332quinquies."
S.
8. in book I, title VII of the civil Code, it is inserted a chapter 2/1 as follows: "Chapter 2/1. -For the establishment of filiation against the parenthood".
S. 9. in Chapter 2/1, inserted by article 8, there shall be inserted a 1st section titled: "Section 1st. -General provisions".
S. 10. in the 1st section, inserted by article 9 article be inserted a 325/1 as follows: "article 325/1. When paternity is not established under Chapter 2, the comaternite can be established under the provisions of this chapter."
S. 11. in Chapter 2/1, inserted by article 8, there shall be inserted a section 2, entitled: "Section 2. -Of the presumption of comaternite".
S.
12. in section 2, inserted by article 11 article be inserted a 325/2 as follows: "article
325/2. A child born during the marriage or within three hundred days following the dissolution or annulment of marriage, parenthood is the wife.
The provisions of articles 316-317 shall apply by analogy."
S. 13. in the same section 2, inserted an article 325/3 as follows: "article 325/3. § 1. Unless the child has possession of State in respect of the spouse, the presumption of comaternite may be challenged before the tribunal of the family by the mother, the child, the parenthood for which filiation is established, the woman who claims the comaternite of the child and the man who claims the paternity of the child.
§ 2. The action of the mother must be commenced within one year of the birth.
The action of the wife must be commenced within one year of the discovery that she did not consent to the Act with the procreation purpose or in the year of the discovery that the conception of the child can be the consequence of the Act with the procreation purpose and to which she consented.
The action of the woman who claims the comaternite must be commenced within one year of the discovery of the fact that she has consented to the design, in accordance with the Act of July 6, 2007 to medically assisted procreation and the destination of supernumerary embryos and gametes, and that design can be the consequence of this Act.
The action of the man who claimed the paternity of the child must be commenced within one year of the discovery that he is the father of the child.
The action of the child must be brought to the earlier agenda which he reaches the age of twelve years and no later than the day when he reaches the age of twenty or within one year of the discovery of the fact that the wife did not consent to the Act with the procreation purpose or in the year of the discovery that the conception of the child can be the consequence of the Act with procreation aims to which the wife consented.
The comaternite established under article 317 may also be challenged by the previous husband or the previous wife.
§
3. Without prejudice to §§ 1 and 2, the challenge to the presumption of comaternite action is declared founded unless it is proved by all legal remedies that the wife consented prior to conception, artificial insemination or another act with reproduction for purpose, unless the design of the child can be the consequence.
§ 4. The demand for challenge introduced by the man who claims to be the biological father of the child, is the rest based if his paternity is established. The decision granting this protest action causes full establishment of the filiation of the applicant. The family court checks that the conditions of article 332quinquies are met. Otherwise, the action is dismissed.
§
5. Demand for challenge introduced by the woman who claims the comaternite of the child is the rest based that if it is proved in accordance with article 7 of the Act of 6 July 2007 to medically assisted procreation and the destination of supernumerary embryos and gametes, she consented to medically assisted procreation, and that the conception of the child can be the consequence. The decision granting this protest action causes full establishment of the filiation of 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.
14. in Chapter 2/1, inserted by article 8, there shall be inserted a section 3 as follows: "Section 3. -Of recognition".
S. 15. in section 3, inserted by article 14 article be inserted a 325/4 as follows: "article 325/4. When the comaternite is not established under article 325/2, the parenthood may recognize the child under the conditions laid down in article 329bis.
"By way of derogation from article 329bis, § 2, paragraph 3, the application is rejected if it is determined that the applicant has not consented to the design in accordance with the law of 6 July 2007 concerning medically assisted procreation and the destination of supernumerary embryos and gametes, or that design can be the consequence."
S. 16. in the same section 3, it is inserted a section 325/5 as follows: "article 325/5. The parenthood may recognize the child, when the recognition would appear between the mother and her an impediment to marriage which the King may exempt, unless marriage which gave rise to this impediment has been annulled or dissolved by death or divorce.
S. 17. in the same section 3, it is inserted an article 325/6 worded as follows: "article 325/6. If the parenthood is married and recognizes the child of someone other than her husband, this recognition must be brought to the attention of the husband or the wife.
For this purpose, if the Act is received by an officer of the Belgian civil State or a Belgian notary, a copy of the Act is sent by registered post by letter. If the Act is not received by an officer of the Belgian civil State or by Belgian notary, it is served by feat of bailiff at the request of the parenthood, child or the legal representative of the latter.
Up to this communication, the recognition is unenforceable to the husband or the wife, children born of her marriage to the author of the recognition and children adopted by both spouses."
S. 18. in the same section 3, it is inserted an article 325/7 as follows: "article 325/7. § 1.
Unless the child has possession of State against a person who has acknowledged, recognition by the parenthood 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 comaternite.
However, the author of the recognition and those who have given the consents required prerequisites or covered by article 329bis are admissible to contest recognition only if they prove that their consent was vitiated.
Recognition can only be challenged by those who were parties to the decision which it was authorised in accordance with article 329bis or to one that denied the cancellation requested under this article.
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 result of

the Act whereby the wife agreed in accordance with the law of 6 July 2007 on medically assisted procreation and the destination of supernumerary embryos and gametes.
The action of the woman who claims the comaternite must be commenced within one year of the discovery of the fact that she has consented to the design under 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 of this Act.
The action of the man who claimed the paternity of the child must be commenced within one year of the discovery that he is the father of the child.
The action of the child must be commenced no earlier than the day when he reached the age of twelve years and no later than the day when he reached the age of twenty-two years or within one year of the discovery of the fact that its design can be the consequence of the Act to which the author of recognition has consented in accordance with the law of 6 July 2007 on medically assisted procreation and the destination of supernumerary embryos and
gametes.
§ 2. Without prejudice of § 1, the recognition is updated to be nil if it is proved by all legal remedies that the person has not consented to the design in accordance with the law of 6 July 2007 concerning medically assisted procreation and the destination of supernumerary embryos and gametes or that design can be the consequence.
§
3. Demand for challenge introduced by the person who claims to be the biological father of the child is based if his paternity is established. The decision granting this protest action causes full establishment of the filiation of the applicant. The family court checks that the conditions of article 332quinquies are met. Otherwise, the action is dismissed.
§
4. Demand for challenge introduced by the woman who claims the comaternite is based if it is shown that she consented to the medically assisted procreation in accordance with the law of 6 July 2007 relating to medically assisted procreation and the destination of supernumerary embryos and gametes and the conception of the child can be the consequence. The decision granting this protest action causes full establishment of the filiation of the applicant. The family court checks that the conditions of article 332quinquies, § 1, 1/1, 2 and 4 are met. Otherwise, the action is dismissed.
S. 19. in Chapter 2/1, inserted by article 8, there shall be inserted a section 4: "Section 4.
-By looking for comaternite".
S. 20. in section 4, inserted by article 19 article be inserted a 325/8 as follows: "article 325/8. When the comaternite is established, under article 325/2 or recognition, it may be by a judgment, the conditions laid down in article 332quinquies, § 1, 1/1, 2 and 4.
If the defendant is married and the action concerns a child of a person whose she is not the wife, the judgment rendered by the family court which establishes the filiation shall be served to the husband or the wife. Up to this meaning, it is opposable to the husband or the wife, or children born of the marriage with the defendant or adopted by both spouses."
S.
21. in the same section 4, inserted a section 325/9 as follows: "article 325/9.
The possession of State respect the purported parenthood proves filiation.
Failing possession of status, filiation to the parenthood proves by consent to medically assisted procreation in accordance with article 7 of the Act of 6 July 2007 to medically assisted procreation and the destination of supernumerary embryos and gametes, when the conception of the child can be the consequence.
"The tribunal denies in any event the application if it is proved that one whose filiation is sought did not consent to medically assisted procreation 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 or that the conception of the child can be the consequence."
S. 22. in the same section 4, inserted a section 325/10 read as follows: "article 325/10. Looking for comaternite is inadmissible when the judgment would appear between the so-called parenthood and mother, an impediment to marriage which the King may exempt unless marriage which gave rise to this impediment has been annulled or dissolved by death or divorce."
S. 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, the woman who claims the comaternite of the child."
S.
24. article 329 of the Code, replaced by the Act of 31 March 1987, is replaced by the following: 'article
329. a child may not be investigated over two links of filiation effect.
When a child is recognized by several people of the same sex, only the first product recognition effect, as long as it has not been cancelled. This provision does not apply to recognition by the Parenthood of a child who has been recognized by the mother.
When a child is recognized by a father and a parenthood, only the first product recognition effect, as long as it has not been cancelled."
S. 25. in section 331nonies of the Code, inserted by the Act of 31 March 1987, the words "as his father or his mother" are replaced by the words "as his father, his mother or his parenthood".
S. 26. article 332bis of the civil Code, inserted by the Act of 31 March 1987, is replaced by the following: 'article 332bis. the actions in dispute must be formed in such a way that the child or his descendants and its sponsors which the paternity, the comaternite or maternity is not disputed are to the cause as well as the person whose paternity, the comaternite or maternity is challenged."
S. 27. in article 332ter of the Code inserted by the Act of 31 March 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 its authors whose paternity, maternity or the comaternite is already established to be called the cause as well as the person whose paternity motherhood or the comaternite is sought.
"If the action in maternity research can lead to the establishment of the paternity or the comaternite according to article 315, 317 or 325/2, it must be brought against the husband or wife and, if applicable, the previous spouse or the previous wife of the mother alleged."
S. 28. in article 335 of the Code replaced by Act of 31 March 1987, and amended by the law of July 1, 2006, the following changes are made: 1 ° the § 1 is supplemented by a paragraph worded as follows: "when the maternal filiation and parentage to the parenthood are established simultaneously, the mother and the parenthood choose either the name of one of them , is one of the names of each other, in the order which they shall determine. The mother and the parenthood chose the name at the time of the declaration of birth. ";
2 ° in § 3, a paragraph worded as follows is inserted between paragraphs 1 and 2: "if filiation to the parenthood is established after the maternal filiation, no changes are made on behalf of the child. "However, the mother and the parenthood, all or any of them, if the other is deceased, can declare in an Act drawn up by the Registrar of civil status, the child bears the name of the parenthood."
CHAPTER 3. -Enabling article provisions 29. the King is empowered to adapt the terminology and references in the legislative provisions in force according to the provisions of this Act.
CHAPTER 4. -Disposition transitional art.
30. article 325/2 applies to the parentage of children born after the entry into force of this Act.
Without prejudice to paragraph 1, articles 325/4 to 325/7 applies, from the date of entry into force of this Act, children born before the entry into force of this Act, provided that there is still no parent-child relationship by way of adoption, between the person who wishes to recognize the child and the latter.
CHAPTER 5. -Entry into force art.
31. this Act comes into force the first day of the sixth month following that of its publication in the Moniteur belge.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, may 5, 2014.
PHILIPPE by the King: the Minister of Justice, Ms. A. TURTELBOOM seen and sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) House of representatives (www.lachambre.be) Documents. 53-3532 full record: 22 April 2014.
Senate (www.senate.be) Documents. 5-2445 annals of the Senate: April 3, 2014.