Family and couples · Parentage · judicial establishment
Establishing paternity in France through the courts
Judicial paternity establishment creates legal parentage and differs from voluntary recognition or challenging existing parentage. The action belongs to the child; representation during minority depends on legal circumstances. First check civil status and any conflicting parentage, then organise facts and evidence with counsel. Age alone cannot definitively determine admissibility or the applicable period.
- Official texts cited
- Sources checked on
- Drafted with AI assistance, our method
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.
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Is this voluntary recognition?
Preparing a paternity action? Let’s start with civil status and the child’s representation.
3 free questions at signup. Avoid names and sensitive information.
Who holds the establishment action?
Article 327 allows judicial declaration of non-marital paternity and reserves the action to the child. Someone acting during minority follows representation rules, rather than exercising an independent personal entitlement.
Related step: Family and couples
Who represents a minor?
Article 328 gives standing to the parent with established parentage within its framework. In specified absence, death or inability situations, the guardian acts. Attach records and decisions to establish actual powers.
Related step: Contesting paternity in France: the 5 and 10-year limits
What does the governing text say about judicial establishment?
La paternité hors mariage peut être judiciairement déclarée.
In plain English: Article 327 allows judicial declaration of non-marital paternity and reserves the action to the child. Someone acting during minority follows representation rules, rather than exercising an independent personal entitlement.
What if a father is already recorded?
Legally established parentage prevents contradictory parentage until challenged in court. That requires separate review: this establishment dossier does not replace a parentage challenge.
Related step: Recognising your child at a French town hall: before or after the birth, and what the date changes
How can the action and representation be organised?
Fictional example: a minor with records to gather; the worksheet identifies representation and evidence before classifying the procedure.
Fictional example · Your preparation worksheet
This worksheet prepares a parentage-establishment action. It determines neither biological truth nor admissibility and produces no automatic age-based refusal.
- Representation to check
- Parent with established parentage, authority to check
- Dossier evidence
- Birth record, decisions and dated correspondence
Check complete civil-status records and any established parentage before selecting the action.
Identify the action’s holder, representative during minority, defendant and counsel.
Organise facts, dates and evidence to examine timing, procedure and judicial evidence measures.
No private DNA test is offered. Existing conflicting parentage needs separate review before new establishment.
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Which documents belong together?
| Point | Check |
|---|---|
| Civil status | Existing parentage |
| Action | Child and representative |
| Evidence | Chronology and records for counsel |
Can age alone decide the case?
No. Limitation depends on the action, suspensions and special situations. The usual majority-related reference supports neither automatic refusal at twenty-eight nor importing five-year periods from other challenges.
Related step: Simplified surname change in France
Which evidence should be prepared with counsel?
Gather civil-status records, decisions, factual chronology and relevant dated correspondence. Have court, defendant, representation and judicial evidence checked. The tool arranges no private genetic test and decides no paternity.
What else should you know about judicial establishment?
Is this voluntary recognition?
No. This is separate judicial establishment.
Can existing parentage be ignored?
No. Any incompatibility needs prior examination.
Does the form assess biological evidence?
No. It organises records without establishing biological truth.
Should representation decisions be retained?
Yes. They help establish who may act for the minor.
Which sources explain judicial establishment?
- Code civil, article 327DILA / Légifrance
- Code civil, article 328DILA / Légifrance
- Code civil, article 320DILA / Légifrance
- Code civil, article 321DILA / Légifrance
- Recherche de paternitéService Public / DILA
Texts cited last checked: 20 October 2026