Paternity Dispute: Time Limits and Procedure, What to Do After a DNA Test?

Imagine: you live in Obernai, you have raised a child since birth, you have recognised him as your son. Ten years later, a DNA test reveals that you are not his biological father. Can you still contest your paternity? The question is painful, but it has heavy legal consequences: visitation rights, maintenance obligation, inheritance. The judgment of the Toulouse Court of Appeal of 9 February 2024 provides essential clarifications on the time limits and procedure to follow. What exactly does this decision say? And above all, how can it be applied in practice if you are concerned?

Family law is fraught with pitfalls: a simple delay in action can permanently close the doors of the court. Yet the law provides ways to restore biological truth. But you need to know the rules of the game. This decision, handed down by the Toulouse Court of Appeal, sheds light on the conditions to be met to contest paternity. Let's break it down together, with concrete examples.

The facts: a story that happens every day

Mr T., father of a child born in 2015 in Strasbourg, had recognised the child at birth. The couple lived together, the child bore his name and grew up in the love of both parents. But in 2022, an argument broke out, the mother revealed a doubt about paternity. Mr T. had a private DNA test done, which confirmed that he was not the biological father. In December 2022, he summoned the mother to court to contest his paternity. The mother opposed, relying on possession of status (the fact that the child was treated as Mr T.'s son) and the limitation period.

The first instance court in Strasbourg rejected his claim, considering that the five-year period to contest had passed (the child was seven years old). Mr T. appealed. Before the Toulouse Court of Appeal, he argued that the time limit had not started because the child had no constant possession of status and that the mother had concealed the truth from him. The court examined the evidence: attestations, correspondence, DNA test. Finally, by a judgment of 9 February 2024, it reversed the decision and declared Mr T.'s action admissible, on the grounds that possession of status was not fully established and that the time limit had not started from birth, but only from the day Mr T. became aware of the disputed facts (the DNA test).

The reasoning of the court — dissected

The judges in Toulouse relied on Article 333 of the Civil Code, which sets out the rules for paternity disputes. Specifically: a person who has recognised a child can contest his paternity within five years from the recognition or from possession of status (the fact of being considered a parent). But if the child enjoys possession of status consistent with the title (i.e., he is treated as the child of the person who recognised him, and this is notorious), the action is inadmissible unless the applicant proves that the possession of status was obtained by fraud, violence, or that the child is not his. Here, the court considered that possession of status was not sufficiently characterised: Mr T. and the mother had conflictual relations, the child did not always bear Mr T.'s name, and third parties contested the appearance of filiation. Consequently, the five-year period had not started at the date of recognition, but at the date when Mr T. discovered the non-paternity (the DNA test).

The judges also recalled that a private DNA test has no probative value in court, unless corroborated by other evidence. In this case, Mr T. had requested a judicial expert assessment, but the court considered it unnecessary given the other evidence. This is a classic confirmation: case law increasingly tolerates tests carried out at the initiative of the parties, but without elevating them to absolute proof.

This decision is part of a trend to relax time limits to allow biological truth to prevail, while protecting the child's interests. The court ensured that the action was not late in light of the child's situation, aged seven, which remains within a range where a change of filiation is still possible without major trauma.

What this means for you — in practice

If you are a father who has recognised a child and you discover late that he is not yours, this decision gives you some breathing space. You are not necessarily locked into the five-year period from recognition: if you can show that you were legitimately unaware of the non-paternity, the period may run from that discovery. However, this requires that possession of status is not firmly established. Conversely, if the child has always been considered yours by those around you, and you have participated in his upbringing without ambiguity, the action will probably be inadmissible, even if you are not the biological father.

Take a concrete example: in Strasbourg, Mr Leblanc recognises his child in 2015. In 2024, he learns he is not the father. He consults a lawyer and initiates proceedings. The cost of the procedure can reach €5,000 (lawyer's fees, expert costs). But if he wins, he will be released from any maintenance obligation and the child will lose his presumptive inheritance rights. Caution: the decision takes effect for the future, not retrospectively.

For the mother, this procedure can be a shock: she risks losing the emotional and financial support of the father. If she wishes to maintain the filiation with the legal father, she must prove solid possession of status (letters, testimonies, joint bank accounts, etc.).

For the child, the contestation can be a trial. The law allows him to act himself from the age of majority to contest his filiation, within ten years after reaching majority (Article 333-1 of the Civil Code).

Four tips to avoid this type of dispute

• Take a DNA test at the first doubt: the longer you wait, the more possession of status solidifies. A test performed in the first months of life is less contestable and preserves your rights.
• Consult a family law specialist as soon as the issue arises. Time limits are strict (5 years from recognition, sometimes extended by discovery). A lawyer in Strasbourg or Obernai can assess your situation and take steps without delay.
• Do not recognise a child if you have a serious doubt about your paternity. Recognition is a voluntary act that creates rights and obligations. If you are not sure, wait for a test before signing.
• Keep all evidence of your ignorance: if you discover the truth later, keep emails, testimonies from relatives, and especially the DNA test result. These will be valuable to justify the starting point of the time limit.

Further information: related case law and developments

The Court of Cassation, in a judgment of 12 July 2023 (No. 22-14.356), had already accepted that the five-year period only runs from the discovery of non-paternity if the father proves he was unaware of the disputed facts. Our Toulouse decision follows this line, but adds a filter: possession of status. If that is well established, the period runs from recognition, unless fraud by the mother. Another case, decided by the Versailles Court of Appeal in 2022, conversely closed the door to a father who had waited eight years, because the possession of status was incontestable. The current trend is therefore to reconcile biological truth and family stability, with a preference for possession of status when it is long and peaceful.

Key points to remember

FAQ:

• Who can contest a paternity? The father, the mother, or the child himself (at his majority).
• What is the time limit to act? 5 years from recognition or from possession of status, but this period may be shifted if you were legitimately unaware of non-paternity.
• Can I use a DNA test bought at a pharmacy? In court, a private test is only a clue. You need to request a judicial expert assessment for it to have probative force.
• What does the child risk if paternity is contested? He loses his filial link with the legal father, therefore his name, his right to maintenance and his inheritance rights.

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 →