When and How to Make an Early Recognition: Essential Guide!

Early recognition is an administrative step for parents as they prepare for the arrival of a child. Typically, as the name implies, future parents perform the recognition of their child before birth, although it can also be done after the child is born. Why and in which cases should you perform early recognition? What are the procedures? We guide you!

What is the purpose of early recognition?

Early recognition establishes a legal parent-child relationship. The woman giving birth is automatically recognized as the mother on the birth certificate issued at the maternity ward, except in cases like anonymous birth. Thus, the mother’s name on the birth certificate establishes maternal affiliation. This is not the case for the father, who must formally acknowledge paternity.

Who can perform early recognition?

Both the mother and father can perform early recognition of their child. They can do this together or separately. A single mother can also perform early recognition.

Can you perform early recognition in ART?

Female couples, whether married, in a civil union, or unmarried, who are undergoing ART can also take this step, referred to as joint early recognition.

How can female couples perform early recognition?

A female couple looking to perform early recognition for their child must visit a notary. The process is fee-based (approximately $75 excluding tax) and is performed alongside the signing of consent for gamete donation.

The recognition document must then be provided to a civil registry officer at the town hall when registering the child’s birth. The officer will verify the identities of both mothers and ensure that the recognition was properly executed in front of a notary.

When should you start early recognition?

Early recognition can be initiated as soon as the pregnancy is confirmed, but it can also be done at the time of the child’s birth registration, and even years later, regardless of the child’s age.

• Before the child’s birth. If the couple (mother and father) are cohabiting or in a civil partnership, the father can acknowledge the child even before birth.
• On the day of birth registration. The father can acknowledge his child at the maternity ward during the birth registration if the couple lives together.
• Years after the birth registration. A father has no time limit to acknowledge his child.

How do you perform early recognition?

The procedures for acknowledging a child vary slightly depending on when you start the process.

Early recognition before the child’s birth

Before the child’s birth, to perform early recognition of paternity or maternity, the parent must go to any town hall in France and present a civil registry officer with a valid ID and recent proof of address (less than 3 months old). The civil registry officer will fill out the recognition document and then have you sign it. A copy of the early recognition document is given to the parents and must be presented at the time of the birth registration.

At the time of birth registration

The recognition will then be noted on both the birth certificate and the family record book. If the couple is married, it suffices to declare the birth within three business days. Increasingly, this act is carried out at the maternity ward, which will send the documents to the town hall. The father can also do this later at the town hall by bringing the birth certificate extract or the family record book. It will then be mentioned in the margins of the child’s birth certificate and the family record book.

What is late recognition?

However, ensure that the child has not been recognized or adopted by someone else. In such cases, the process is more complicated and you must first contest the affiliation and provide proof. This late recognition can be noted in the margin of the birth certificate. However, there is a time limit to acquire parental authority.

Can you perform early recognition for a child born anonymously?

Anonymous birth still poses certain issues. This applies to both mothers, and fathers who may not always be aware of their child’s birth. The mother can acknowledge her child within two months after childbirth. Thus, she can regain custody of her child (under certain conditions). The father has the same reflection period. However, he must be aware of the place and day of the child’s birth. In this situation, he can appeal to the Prosecutor who will gather this information so he can make himself known.

Can a mother compel the father to recognize the child?

A mother can initiate a paternity search with the prosecutor. A paternity test (DNA) may then be recommended by a judge. The alleged father can oppose this, but it casts doubt. The judge will then assess the evidence in the case. If his paternity is established by the judge, the father must provide child support. In return, he may potentially request visitation and accommodation rights.

Furthermore, the mother and/or the child (up to two years after reaching majority) can also initiate an action for maintenance. Completely independent from the paternity search, it allows for a request for support without creating a filial link.

Can a father recognize his child without the mother’s consent?

Sometimes a mother opposes the father’s recognition of the child. What are the father’s options? In this case, it is preferable to perform the recognition before the birth. The father can go to the town hall with his ID and information about the future mother. If the mother contests the affiliation later, the father must then appeal to the prosecutor to initiate a paternity recognition action.