The purpose of this paper is first to understand French parenthood, namely the way to be the legal father or mother of a child. Investigating further, we will see whether the current legislation is modern enough or not, which will be our main question. Indeed, some scholars and politicians think that all of the French family laws have to be reformed because it takes its roots from the civil code of Napoleon from 1804 and therefore is too old . However, it is obvious that since 1804 French family law underwent various reforms. Filiation is the kinship relation between an individual and the individual's progenitors ; the legal tie between a child and his parents. French law has three kinds of filiations first of which is the legal filiations ("filiations légitime"), followed by the natural filiations (“filiations naturelle”) and finally the adoptive filiations (“filiations adoptive”). However, one has to keep in mind that it does not really matter whether the child is born in wedlock or not. Indeed, all the children are equal. Discrimination between legal and natural children has been officially abolished since the condemnation of France by the European Court of Human Rights.
[...] The advantage for the husband is that he does not have to respect a reprieve as if he would do a repudiation of paternity. The action is receivable if there is no “possession d'état” and the plaintiff has to prove that the husband is not the father The parental authority What is parental authority? Parental authority is all the rights and duties of the parents towards their child under which he has to stay until he is eighteen[15]. Parents have a duty of education, maintenance and supervision towards their child. [...]
[...] Indeed, it is only the date of conception that matters for the French civil code. Thereby a child could be legal even if he is born after a divorce or after the death of his father. French law lays down the following presumption: a child is presumed to have been conceived during the period going from three hundreds days before his birth to one hundred and eighty days before this birth[5] How to prove the legal filiation in French law? The legal filiation can be proved by two ways in the French legislation. [...]
[...] If the case is proved, the child becomes an illegitimate child of his mother. The second way to dispute the presumption of fatherhood (when the child has the “possession is the contestation of the fatherhood of her husband by the mother. This is planned by a law of January 1972[11]. It concerned the situation in which the mother should remarry the real father of the child. Only then is she allowed to contest the fatherhood of her first husband. The action has to take to court at worst six months after the second wedding and it is only possible if the child is under the age of seven. [...]
[...] It is the same with the French juvenile justice. This is not the aim of this paper so we will not develop it, but we can just say that everyone agrees that our legislation concerning the young delinquency is too old (law of 1945), and not relevant for the juvenile delinquency that France acknowledges nowadays. However, no one dares reforming it, despite the fact that this problem is put forward since two decades or even more. Bibliography The following documents have been used as research for the creation of this paper: www.get-definition.com French Civil Code Gérard Cornu, Droit civil : la famille, Broché Philippe Malaurie, La Famille, Broché Laurence Gareil, L'exercice de l'autorité parentale, Broché Janice Peyré, Le guide marabout de l'adoption, Broché French case-law and French legislation (you can consult all the case-law and the legislation on the following website : www.legifrance.gouv.fr For example, Ségolène Royal, losing at the French presidential election wanted to reform French family law, especially concerning the question of homosexual couple. [...]
[...] It means that the adoptive parents have to be at least twenty-eight years old and at least fifteen years old more than the child. The adoption can be granted to a married couple or to a single person. However, an unmarried couple can not adopt. Only one of the conjoint can adopt in this case, and thus we have the same problem as the simple adoption in case of a couple living together under the regime of a civil pact of solidarity (because the PACS is not only for homosexual couples, heterosexual couples can also sign this kind of contract to pay less taxes for example . [...]
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