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Family and couples · Parentage · time limits

Contesting paternity in France: working out the 5 and 10-year limits

Paternity is challenged before the French tribunal judiciaire within strict time limits. If the child was raised by the named father, with a possession d’état matching the birth record, only the child, the parents or the man claiming to be the father may act, within five years from the end of that possession d’état (article 333 of the Civil Code). Otherwise anyone with an interest may act for ten years.

Text in force19 January 2009Sources checked17 October 2026

Go to the toolSee the texts cited
  • Official texts cited
  • Sources checked on
  • Drafted with AI assistance, our method

By the AlphaDeep legal editorial team

General legal information with official references and dated checks. It is not personalised advice: for a decision that commits you, have your situation checked by a qualified professional.

Julie by AlphaDeep

Illustrative conversation
Example question

Is a paternity test illegal in France?

Julie Illustration

No. Outside a judge’s order, asking for a genetic test is punishable by a 3,750 euro fine in France, and the result cannot be used as evidence in the case.

Read the references

You want to challenge a paternity, or fear it may be challenged: I can check with you whether the time limit is still open.

French law

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Answer

What does possession d’état matching the birth record mean?

Possession d’état is the lived reality of the parent-child bond: the man treated the child as his own and the child treated him as their father, he provided for the child’s upbringing and keep, family, society and the authorities see the child as his, and the child carries his name.

It matches the title when that reality matches the birth record or the recognition. It decides the time limit: five years or ten.

Code civil, article 311-1Code civil, article 333

Tool

Is a paternity challenge still open in your case?

Enter how paternity was established and whether the father acted as a parent: the tool gives the start and the end of the time limit.

julie://tool/echeancierRuns in your browser
How was paternity established, and did the father act as a parent?
Has he stopped acting as the father?
Who wants to act?

Fictional example · time limit for the claim

The claim remains possible until the date shown.

The period runs from
30 June 2022
Deadline
30 June 2027

The death of the parent whose parentage is contested also starts the five years. A lawyer is compulsory before the tribunal judiciaire.

Summary card: five years with possession d’état, ten without, the child until 23 or 28.
The time limits for contesting paternity in France.
Comparison

Who may act, and until when?

Who may act, and until when
SituationWho may actTime limitStarting point
Matching possession d’état for at least 5 yearsThe prosecutor onlyClosed for everyone elseFive years after birth or recognition
Matching possession d’état for under 5 yearsThe child, a parent, the man claiming to be the real father5 yearsEnd of possession d’état or the parent’s death
No possession d’état matching the titleAnyone with an interest10 yearsStart of the contested status; suspended while the child is a minor
Parentage set by an acte de notoriétéAnyone with an interest10 yearsDate the act was issued
Birth by donor-assisted reproductionNobody, unless the child is not from itClaim barredConsent given before a notary

Code civil, article 333Code civil, article 334Code civil, article 321Code civil, article 335Code civil, article 342-10

Answer

The father raised the child for over five years: can paternity still be challenged?

No, except for the public prosecutor. Once possession d’état matching the title has lasted at least five years from birth, or from the recognition if it came later, nobody else can contest the parentage.

It does not matter if the relationship stopped afterwards: reaching five years is what closes the claim.

Code civil, article 333

Answer

If the father acted as a parent for less than five years, the child has five years from the end of that possession d’état; as the period is suspended while the child is a minor, service-public says the child can act until age 23.

Without possession d’état matching the title, the period is ten years, also suspended during minority: until age 28.

Code civil, article 333Code civil, article 321Service-public: contesting parentage

Answer

Does the judge order a DNA test, and what if someone refuses?

In civil cases, genetic identification is only possible when ordered by a judge hearing a parentage claim, with the person’s prior, express consent.

Anyone may refuse the sample; service-public says the judge can draw conclusions from a refusal. Paternity is contested by proving that the husband or the man who recognised the child is not the father.

Code civil, article 16-11Service-public: paternity testsCode civil, article 332

The law

What does article 333 of the Civil Code say?

Lorsque la possession d’état est conforme au titre, seuls peuvent agir l’enfant, l’un de ses père et mère ou celui qui se prétend le parent véritable. L’action se prescrit par cinq ans à compter du jour où la possession d’état a cessé ou du décès du parent dont le lien de filiation est contesté. Nul, à l’exception du ministère public, ne peut contester la filiation lorsque la possession d’état conforme au titre a duré au moins cinq ans depuis la naissance ou la reconnaissance, si elle a été faite ultérieurement.

Code civil, article 333In force since 19 January 2009Read on Légifrance

In plain English: Where possession d’état matches the title, only the child, a parent or the claimed real parent may act, within five years of its end or the parent’s death; after five years of possession d’état from birth or recognition, only the prosecutor can contest.

What changed

Which reforms changed these rules, and when?

  1. The parentage reform creates article 333: five years from the end of possession d’état matching the title.

    Code civil, article 333

  2. Current version: the period also runs from the parent’s death, and the prosecutor can act even after five years of possession d’état.

    Code civil, article 333

  3. Article 342-10 replaces former article 311-20: consent to donor-assisted reproduction bars any contest.

    Code civil, article 342-10

Frequent questions

What else do people ask?

Is a paternity test illegal in France?

No. Outside a judge’s order, asking for a genetic test is punishable by a 3,750 euro fine in France, and the result cannot be used as evidence in the case.

Code pénal, article 226-28-1Service-public: paternity tests

Can a recognition made knowing he was not the father be cancelled?

It can be contested by proving the man is not the father, within the time limits above. The prosecutor can also act in case of fraud on the law or if the records themselves make the parentage implausible.

Code civil, article 332Code civil, article 336

What happens to child support after a successful challenge?

When it annuls the parentage, the court rules where needed on parental authority and child support. It can also set the child’s contact with the person who raised them. Sums already paid are a separate question to raise with your lawyer.

Code civil, article 331Code civil, article 337

Does the child’s surname change if paternity is overturned?

The court ruling on parentage decides, where needed, which surname the child carries.

Code civil, article 331

Can a birth through donor-assisted conception be challenged?

Not in principle: consent given before a notary to donor-assisted reproduction bars any contest, unless it is argued that the child was not born from it or the consent lost its effect.

Code civil, article 342-10

Sources

Which texts is this guide based on?

  1. Code civil, article 333Légifrance
  2. Code civil, article 334Légifrance
  3. Code civil, article 321Légifrance
  4. Code civil, article 335Légifrance
  5. Code civil, article 332Légifrance
  6. Code civil, article 336Légifrance
  7. Code civil, article 331Légifrance
  8. Code civil, article 337Légifrance
  9. Code civil, article 311-1Légifrance
  10. Code civil, article 16-11Légifrance
  11. Code civil, article 342-10Légifrance
  12. Code pénal, article 226-28-1Légifrance
  13. Code de procédure civile, article 760Légifrance
  14. Service-public: contesting parentageService-public.fr
  15. Service-public: paternity testsService-public.fr

Texts cited last checked: 17 October 2026

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