Contesting Paternity: Time Limits and Procedure for Action

Imagine a father in Sallanches, Haute-Savoie. He has raised a child for several years, believing he is the biological father. One day, a DNA test reveals he is not the biological father. What can he do? Does the law give him a chance to contest paternity?

This question was examined by the Nancy Court of Appeal in a recent judgment of 28 April 2025 (No. RG-76424). The decision recalls the main principles: paternity can be contested by the father, mother, or the child himself. But beware, the time limits for action are strict. This article explains everything in clear terms so that you know what to do if you are affected.

Whether you are in Annemasse, Lyon, or Paris, the rules are the same. But each situation is unique. Let us delve into the details.

The facts: a story that happens every day

In the case decided by the Nancy Court of Appeal, a man, whom we shall call Mr X, had acknowledged a child at birth. For several years, he assumed his role as father: he lived with the mother and child, participated in the child's upbringing, and the child bore his name. Then doubts arose. A blood test – or a DNA test – confirmed he was not the biological father. Mr X wanted to contest the paternity he had established.

But the procedure is not simple. The Civil Code sets precise time limits. If the child was acknowledged and possession of status – that is, behaving as a father in the eyes of society – has lasted for more than five years, the time limit to contest is reduced. The action must be brought within one year of discovering the absence of a biological link.

In this case, had Mr X acted in time? He had waited more than two years after the DNA test. The court examined the circumstances. It recalled that possession of status can bar a late challenge. Indeed, the best interests of the child often prevail. The decision of the Nancy Court of Appeal confirms well-established case law: filiation established by possession of status is difficult to overturn.

The parties involved: the father as claimant, the mother who opposed, and sometimes the child himself, represented by a guardian ad litem (a person appointed to defend the child's interests). The court had to weigh everyone's interests.

The court's reasoning – broken down

The judges relied on Articles 332 et seq. of the Civil Code. Article 332 provides that paternity can be contested by proving that the father is not the biological parent. But Article 333 provides an exception: if the child has possession of status consistent with the legal parentage (that is, if the family has behaved as such for at least five years), only the father, mother, or child may bring an action, and within one year of discovering the absence of a biological link. This time limit is also set out in Article 333-2.

The Nancy court applied this strict time limit. It held that Mr X had waited too long after learning of the doubt. Result: his action was inadmissible. "Time limit to act: 1 year from discovering the deception." This reminder is crucial for any parent suspecting non-paternity. Imagine the father's disappointment: he wanted to be freed from an obligation, but the law prevented him in the name of the child's stability.

The mother's arguments emphasised the stability of family life. Possession of status was established: the child bore the father's name, called him daddy, and they lived together. The court upheld this stability. Unsurprisingly: courts protect the child above all.

This reasoning is not new. It fits a protective trend towards the child. Filiation is not merely a biological matter; it is also emotional and social. A question arises: should social bonds always be favoured over biological truth? The judges often answer yes, especially when the child is young.

What this changes for you – practically

If you are a father who discovers he is not the biological parent, you must act quickly. The one-year period runs from the moment you have a serious indication (DNA test, admission, etc.). Once this time limit expires, you can no longer contest. Recently, a client from Annemasse came to see me: he had discovered the truth six months earlier but had not dared to act. We were able to seize the court just in time.

If you are a mother who wishes to contest your husband's paternity to have the true father recognised, you too are subject to the same time limit. The action can be brought by the mother even if she is married. Note: if the husband is the legal father but not the biological parent, the mother can act so that the true father is established.

Let us take a concrete example: a couple lives in Annemasse. The husband acknowledged the child at birth. Four years later, the mother reveals that the true father is another man. The husband has one year from this revelation to seize the court. If he waits too long, he will remain the legal father, even if the biological truth is different.

For the child himself, an action to contest paternity is available for ten years after reaching majority (Article 333-3 of the Civil Code). The child can act to establish his true filiation. But beware: if possession of status has lasted more than five years, the child too must act within one year of discovering the truth. An adult child in Sallanches may thus face this time limit.

In practice, this means the deadlines are very short. Do not delay. A simple consultation can save you from losing your rights.

Four tips to avoid this type of dispute

• Do not acknowledge a child without certainty. If you have doubts about your paternity, take a DNA test before any acknowledgment. This will avoid years of conflict and uncertainty.
• Keep evidence. Any evidence establishing possession of status (photos, testimonies, letters, everyday documents) can be crucial for or against a challenge.
• Consult a lawyer as soon as you doubt. As soon as you suspect that paternity is not yours, make an appointment. A lawyer will help you assess your chances and act within the deadlines.
• Inform yourself about your rights. The law evolves. What was valid five years ago may have changed. A legal professional will keep you updated.
• Protect the best interests of the child. Even if you wish to contest, consider the psychological consequences. Proceedings can be long and painful. Sometimes dialogue is preferable.

Further reading: related case law and developments

The Court of Cassation issued an important judgment on 3 June 2021 (No. 20-10.876) clarifying that the one-year period to contest runs from the discovery that the father is not the biological parent, not from the simple birth. This decision is protective of fathers who may discover the truth late.

In another judgment, the court held that possession of status can be constituted even in the absence of cohabitation, provided the father has behaved as such (e.g., paying maintenance, regular visits). The current trend is therefore to favour emotional and social reality over mere biological truth.

What about DNA tests? The law allows them within judicial proceedings, but not privately. Their results may be submitted as evidence, but the judge freely assesses them. If you take a test without a court order, it will have no legal value.

In future, one can expect time limits to become even stricter, as the child's interest in stable filiation is considered paramount. The courts want to avoid a family being torn apart by a challenge years later.

Summary and next steps

FAQ on contesting paternity:

Q: Who can contest paternity?
A: The father, the mother, or the child. Each has specific conditions and time limits.

Q: What is the time limit to act?
A: Generally, one year from discovering the absence of a biological link. But if possession of status has lasted more than five years, the same period applies. For the child, he has 10 years after majority, unless possession of status has lasted more than 5 years.

Q: Is a DNA test required?
A: It is strongly recommended, but it must be ordered by the judge. A test taken without an order has no legal value.

Q: What happens if the time limit is exceeded?
A: The action is inadmissible. The filiation remains established, even if biologically false.

Q: Can I contest without a lawyer?
A: No, the procedure is complex and requires a lawyer specialised in family law.

If you are in a situation like the one described, do not wait. Every day counts. Make an appointment with a lawyer for a consultation. He or she will evaluate your case, calculate the deadlines, and assist you with the steps.

Are you in a similar situation? A first 30-minute consultation with Maître Perucca (€45) can save you months of proceedings – and often much more. Book an appointment →