Natural children are those conceived out of wedlock.
The 1936 law divides recognition certificates into 3 categories
1 Children born out of wedlock are those whose father and mother were able to contract a marriage together at the time they were conceived.
2 Adulterine children are those whose father and mother, or one of them, were married to other people at the time of conception.
3 Incestuous children are those whose father and mother are related or allied to a degree that prohibits marriage between them.
In the latter case, see : Art 335, Civil Code: Recognition cannot be given to children born of an incestuous or adulterous relationship.
The recognition of a child born out of wedlock will be made by an authenticated deed (1), if it has not been made in the child's birth certificate.
Acknowledgement will be made at the time of the birth declaration or acknowledgement will be made after the birth.
The deed will be entered in the registers on the date, if any.
Contents of a deed of acknowledgement.
Acknowledgement of a child made by the father or mother after the child has been entered in the civil status registers :
In the year eighteen hundred, appeared (surname and forenames, age, profession and place of residence) who declared to us that he or she recognises himself or herself as
(father or mother) of a child of sex ... who was presented to us on ... and whom we have entered in the civil status registers, under the surname and forenames
which child (he or she) had with (surname, forenames, age, profession and place of residence; the declarant is free not to designate the person with whom he or she had the child; the said declaration made in the presence of (surname and forenames, age, profession and place of residence of the first witness), and of (same formality for the second witness); and the declarant and witnesses have signed the present act, after it has been read to them. If one of the parties does not know how to sign or cannot sign, this will be noted.)
Acknowledgement of a child by the mother
Sources :
H. WYVEKENS, New dictionary of the Burgomasters, Aldermen, Councillors, Receivers and Town ClerksBruylant-Christophe et Compagnie, Editeurs, 1862, pp 213-214.
Yves HERALY 2019
