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1^er JUILLET 2006. - An Act to amend the provisions of the Civil Code relating to the establishment of filiation and its effects

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER Il - Amendments to the Civil Code
Art. 2. In section 62, § 1 of the Civil Code, replaced by the Act of March 31, 1987, the following amendments are made:
A) Paragraph 1^er, 3°-, the words "Article 319, §§ 2 to 4", are replaced by the words "Article 329bis".
B) In paragraph 2, the words "Article 319, § 4" are replaced by the words "Article 329bis, § 3".
Art. 3. Articie 80bis, paragraph 2, 2°-, of the same Code is supplemented as follows:
", or of the unmarried father to the mother and who recognized the conceived child, in accordance with section 328. At her request and with the consent of the mother, the name, first names and domicile of the unmarried father to the mother and who has not recognized the conceived child may also be mentioned. "
Art. 4. Section 313 of the Code, replaced by the Act of March 31, 1987 and amended by the Act of February 13, 2003, is amended as follows:
A) § 1 is completed as follows:
"at the conditions fixed by Article 329bis. »;
(b) § 2 is completed as follows:
"unless the marriage that caused this impediment to be born was cancelled or dissolved by death or divorce. "
Art. 5. In section 314 of the Code, replaced by the Act of March 31, 1987, the following amendments are made:
A) paragraph 1^er, is completed as follows:
"at the conditions fixed by Article 332quinquies. »;
B) paragraph 2 is supplemented as follows:
"unless the marriage that caused this impediment to be born was cancelled or dissolved by death or divorce. "
Art. 6. An article 316bis, as follows, is inserted in the same Code:
"Art. 316bis. Except as a joint statement by the spouses at the time of birth, the presumption of paternity referred to in section 315 is not applicable:
1° where the child is born more than 300 days after the judge has entered into the agreement of the parties concerning the authorization given to the spouses to reside separately in accordance with Article 1258, § 2, of the Judicial Code, or after the order of the President, sitting on a referendum, authorizing the spouses to reside separately, or after the application referred to in Article 1288bis of the same Code;
2° when the child was born more than 300 days after the date of registration of the spouses to different addresses, according to the population register, the register of foreigners or the waiting register, provided that they were not re-registered to the same address thereafter;
3° when the child was born more than 300 days after a judgment of the justice of the peace pronounced under section 223 and authorizing the spouses to reside separately, and less than 180 days after that measure ended, or after the factual meeting of the spouses. "
Art. 7. Section 318 of the same Code, replaced by the Act of 31 March 1987 and amended by the Act of 27 December 1994, is replaced by the following provision:
"Art. 318. § 1^er Unless the child has the possession of a state in respect of the husband, the presumption of paternity may be contested by the mother, the child, the man in respect of whom filiation is established and by the person who claims the paternity of the child.
The action referred to in paragraph 1 and must be brought in the year of birth discovery.
§ 2. The action of the husband must be brought in the year of the discovery that he is not the father of the child, that of the person who claims the paternity of the child must be brought in in the year of the discovery that he is the father of the child and that of the child must be brought at the earliest on the day he reaches the age of twelve and at the latest on the day he reaches the age of twenty years.
If the husband died without acting, but still within the useful time to do so, his paternity may be contested, in the year of his death or birth, by his ascendants and by his descendants.
The paternity established under section 317 may also be contested by the previous husband.
§ 3. Without prejudice to §§ 1 and 2, the presumption of paternity of the husband is denied if it is proved by all means of law that the person concerned is not the father.
The challenge of the presumption of paternity of the husband is also declared to be justified unless otherwise proved:
1° in the cases referred to in Article 316bis;
2° where maternal filiation is established by recognition or judicial decision;
3° when the action is introduced before maternal filiation is established.
§ 4. The appeal against the presumption of paternity is not admissible if the husband has consented to artificial insemination or to another act of procreation for purpose, unless the conception of the child cannot be the consequence.
§ 5. 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 court shall verify that the conditions of section 332quinquies are met. Otherwise, the action is rejected. "
Art. 8. Section 319 of the same Code, replaced by the Act of March 31, 1987, is replaced by the following provision:
"Art. 319. - When paternity is not established under sections 315 or 317, the father may recognize the child under the conditions set out in section 329 bis. "
Art. 9. Section 319bis of the same Code, replaced by the Act of March 31, 1987 and amended by the Act of February 13, 2003, is replaced by the following provision:
"Art. 319bis. If the father is married and recognizes a child conceived by a woman other than his wife, recognition must be brought to the knowledge of the spouse or wife.
For this purpose, if the act of recognition is received by a Belgian civil officer or by a Belgian notary, a copy of the act is sent by registered letter to the position by the Belgian civil officer. If the act is not received by a Belgian civil official or by a Belgian notary, it is served by exploiting bailiffs at the request of the father, 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. 10. Section 321 of the same Code, replaced by the Act of March 31, 1987, is supplemented as follows:
"unless the marriage that caused this impediment to be born was cancelled or dissolved by death or divorce. "
Art. 11. Article 322, paragraph 1^er, of the same Code, replaced by the Act of 31 March 1987, is replaced by the following provision:
"When paternity is not established, neither under Articles 315 or 317, nor by recognition, it may be established by judgment, subject to the conditions set out in Article 332quinquies. "
Art. 12. Section 325 of the same Code, replaced by the Act of March 31, 1987, is supplemented as follows:
"unless the marriage that caused this impediment to be born was cancelled or dissolved by death or divorce. "
Art. 13. Section 328, paragraph 2, of the same Code, is supplemented as follows:
"If the child died without leaving any posterity, recognition can only be made in the year following the birth of the child."
Art. 14. An article 328bis, as follows, is inserted in the same Code:
"Art. 328bis. The action referred to in Article 329bis, § 2, paragraph 3, may be brought before birth. If the mother is married, he is suspended for examination of the cause until the birth."
Art. 15. An article 329bis, as follows, is inserted in the same Code:
"Art. 329bis. § 1^er. Recognition of an emancipated major or minor is admissible only with prior consent.
§ 2. If the child is a non-emancipated minor, recognition is admissible only through the prior consent of the parent to whom filiation is established, or of the mother if recognition is made prior to the birth of the child.
In addition, the prior consent of the child is required if the child is twelve years old. This consent is not required of the child prohibited, in a condition of a prolonged minority or whose court considers, because of evidence found by reasoned minutes, that he is deprived of discernment.
In the absence of these consents, the candidate for recognition cites persons whose consent is required before the court. The parties are heard in the board's room. The court is trying to reconcile them. If it reconciles the parties, the court receives the necessary consents. In the absence of conciliation, the application is rejected if it is proven that the applicant is not the biological father or mother. Where the application concerns a child who is one year or more at the time of the introduction of the application, the court may also refuse recognition if it is manifestly contrary to the child's interest.
If a public action is brought against the candidate for recognition, from the head of an act referred to in section 375 of the Criminal Code, committed on the person of the mother during the legal period of conception, the recognition may not take place and the one-year period referred to in paragraph 4 is suspended until the decision on the public action is cast in force of a measure judged. If the candidate for recognition is found guilty of this leader, the recognition cannot take place and the application for recognition is rejected.
§ 3. If the child is a non-emancipated minor and has no known author, or that of his or her authors in respect of whom filiation is established has died or in the impossibility of manifesting his or her will, the civil officer must notify a literal copy of the recognition to the legal representative of the child and to the child himself, if he or she has twelve years consented, unless they have made a prior recognition.
If the recognition has not been received by a Belgian Civil Status Officer, it must, at the request of its author, be served on the persons referred to in paragraph 1 er.
Within six months of service or notification, the persons to whom it was made may, by quotation, request the court of the child's domicile to cancel the recognition.
The Clerk shall immediately inform the Registrar of this application of the civil status officer or the departmental officer who has established the act of recognition.
The parties heard, the court decides on the action in nullity. It cancels recognition if it is proven that the respondent party is not the biological father or mother. In addition, it cancels recognition if it is manifestly contrary to the interests of the child when the child is one year or more at the time of the application.
Paragraph 4 of § 2 is applicable by analogy. Until the expiry of the six-month period or until the decision to dismiss has been passed in force of a judgment, the recognition is unopposable to the child and his or her legal representative, who may nevertheless avail himself of it. "
Art. 16. Section 330 of the same Code, replaced by the Act of March 31, 1987, is replaced by the following provision:
"Art. 330. § 1^er. Unless the child has possession of a state in respect of the child who has recognized it, maternal recognition may be challenged by the father, the child, the author of the recognition and the woman who claims maternity. Unless the child has possession of a state in respect of the person who has recognized it, parental recognition may be challenged by the mother, the child, the author of the recognition and the man who claims paternity.
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 father, mother or person who has recognized the child must be brought in the year of the discovery that the person who has recognized the child is not the father or mother; the person who claims filiation must be brought in the year of the discovery that he is the father or mother of the child; that of the child must be brought at the earliest on the day he reached the age of twelve and at the latest on the day he reached the age of twenty-two.
§ 2. Without prejudice to § 1^er, recognition is voided if it is proven by all means of law that the person concerned is not the father or mother.
§ 3. The appeal filed by the person who claims to be the father or biological mother of the child is only justified if his paternity or maternity is established. The decision entitled to this disputed action shall in full right lead to the establishment of the applicant's filiation. The court shall verify that the conditions of section 332quinquies are met. Otherwise, the action is rejected. "
Art. 17. Section 331ter of the same Code, replaced by the Act of March 31, 1987, is replaced by the following provision:
"Article 331ter. Where the law does not provide for a shorter period of time, the filiation actions shall be prescribed by thirty years from the day on which the possession of a state has ended or, in the absence of possession of a state, from the date of birth, or from the day on which the child began to enjoy a possession of a state in accordance with the state contested to it, without prejudice to section 2252.
Section 2253 is not applicable.
The limitation period provided for in this section does not apply to shares based on section 329bis. "
Art. 18. Section 331 sexies of the same Code, replaced by the Act of March 31, 1987, is replaced by the following provision:
"Art. 331sexies. Without prejudice to Article 329bis, § 2, paragraph 2, and § 3, paragraph 1^er, and of section 332quinquies, the unemancipated minor, the forbidden and the person unable to express his or her will are, in the actions relating to their filiation, represented, as plaintiffs or as defendants, by their legal representative and, if there is opposition of interest, by an ad hoc guardian designated by the president of the court at the request of any interested person or the King's attorney. "
Art. 19. Section 332bis of the same Code, replaced by the Act of March 31, 1987, is replaced by the following provision:
"Art. 332bis. Actions in contestation of a state must be formed in such a way that the child or his descendants and that of the authors whose paternity or maternity is not contested are the cause as well as the person whose paternity or maternity is contested. "
Art. 20. An article 332quinquies, as follows, is included in Book I, Title VII, Chapter IV, Section II, of the same Code:
"Art. 332quinquies. § 1^er. Maternity or paternity research is not admissible if the emancipated major or minor child opposes it.
§ 2. If the opposition to the action emanates from an unemancipated minor child who is twelve years old, or from the authors of the child in respect of whom filiation is established, the court shall not reject the application, without prejudice to § 3, unless it concerns a child of at least one year at the time of the introduction of the application, and if the establishment of filiation is clearly contrary to the child's interest.
It is not taken into account the opposition of the child, in a protracted minority state or in the court's opinion, because of factual evidence found by reasoned minutes, that he is deprived of discernment.
§ 3. The court therefore rejects the application if it is proven that the parent whose filiation is sought is not the biological father or mother of the child.
§ 4. If a public action is brought against the person seeking paternity, the head of a fact referred to in section 375 of the Criminal Code, committed on the person of the mother during the legal period of conception, it is suspended to rule, at the request of one of the parties, until the decision on the public action is cast into force of a judge. If the person concerned is found guilty of this leader, the application for recognition is rejected at the request of one of the parties. "
Art. 21. In section 335 of the same Code, replaced by the Act of March 31, 1987, the following amendments are made:
A) in § 1 er, the words ", unless the father is married and recognizes a child conceived during marriage by another woman than his wife" are deleted;
(b) § 3, paragraph 2, is repealed;
(c) § 3, paragraph 3, is supplemented as follows:
"The one-year period shall take place on the day following the notification or meaning referred to in Article 319bis, paragraph 2. »;
D) a § 4 is added, which reads as follows: "If a child's filiation is changed while the child has reached the age of majority, no modification may be made to his or her name without his or her consent. "
Art. 22. In Article 337, § 1 of the same Code, replaced by the Act of March 31, 1987, the last two sentences are deleted.
CHAPTER III. - Abrogatory provisions
Art. 23. Section 320 of the Code, replaced by the Act of March 31, 1987 and amended by the Act of December 27, 1994, is repealed.
Art. 24. Sections 323, 332, 334bis, 745quater, paragraph 2, and 837 of the same Code, replaced by the Act of 31 March 1987, are repealed.
CHAPTER IV. - Transitional provision
Art. 25. § 1 er. By derogation from Article 330, § 1^erparagraph 4, as amended by this Act, and article 318, § 1^er, paragraph 2, as set out in this Act, the recognition and presumption of paternity of the husband may be contested by the person who claims the child's maternity or paternity for a period of one year taking place at the coming into force of this Act, even if it had elapsed more than one year since the birth or the discovery of the birth of the child.
§ 2. For a period of one year taking place at the coming into force of this Act, any third party interested in the meaning of Article 330, § 1^erParagraph 1^er, from the Civil Code in its earlier drafting, retains the power to challenge recognition, as prescribed by previous legislation.
§ 3. The limitation period of the action in contestation of the recognition established by Article 330, § 1^re, paragraph 4, as amended by this Act, begins to run on the day on which the Act comes into force, unless the action was already prescribed, and without the total duration of the limitation period to exceed thirty years.
§ 4. The recognition and presumption of paternity of the husband in respect of a child born before the coming into force of this Act may be challenged by the husband or the author of the recognition within one year of the discovery that he is not the father of the child, even if more than one year had elapsed since the birth or the discovery of the birth of the child.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 1^er July 2006.
ALBERT
By the King:
The Minister of Justice,
Ms. L. ONKELINX
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX