Denial of paternity (rebuttal of filiation)

Denial of paternity is the action by which the husband, presumed father of a child born in wedlock, rebuts the paternity presumption. The Code deems the husband the father of a child born during the marriage or within a defined period after its end, and this presumption can be removed only through litigation.

Standing belongs to the husband and to the child, with the husband suing the mother and the child. Where the child was conceived during the marriage, the husband must prove he is not the father, scientific testing being the primary means. The action is subject to a short period running from discovery and an outer long-stop, though filing after expiry remains possible where the delay is justified.

If granted, filiation is removed retroactively, ending inheritance rights and maintenance duties. Establishing filiation with the biological father is a separate process pursued through recognition or a paternity lawsuit.