CHAPTER NINE FILIATION Section 1. Ascertainment of Paternity and Maternity-Section 2. Legal Conflicts in Regulating Paternity.

 Section 2. Legal Conflicts in Regulating Paternity.

 

Article 146. – Regulation of Paternity (1) Principle.

When, on applying the preceding Articles, a child must be attributed to several fathers, a regulation of paternity may be made by agreement between the persons to whom the paternity of the child is thus attributed by the law.

 

Article 147. – (2) Form

 

1)    The agreement by which the regulation of paternity is made shall be attested by three witnesses and approved by the court

2)    Except in the case of force majeure, the mother of the child shall be heard in person.

 

Article 148. – Legal Presumption.

 

Failing regulation of paternity, the following two presumptions shall be applied successively, where appropriate;

(a)    The child shall be attributed to the husband of the mother in preference to the man who has an irregular union with the mother.

(b)    The child shall be attributed to the husband or the man with whom the mother is living at the time of the birth, preference to the husband or the man with whom she was living at the time of the conception.

 

Article 149. – (1) Assignment of Paternity by Agreement.

 

1)    Where the child is born within 210 days from the conclusion of the marriage or the commencement of the irregular union, the husband or the man who is living with the woman may be agreement, assign the paternity of the child to another person who declares that he is the father of the child.

2)    Where the child is born more than 210 days after the dissolution of the marriage or  the cessation of the irregular union, the husband or the man who lived with the mother shall have the right provided in the preceding Sub-Article.

 

Article 150. – (2) Form

 

1)    The agreement on the assignment of paternity shall be attested by three witnesses and approved by the court.

2)    Except in the case of force majeure, the mother of the child shall be heard in person.

 

Article 151. – Representation.

 

1)    The agreement mentioned in this section shall be concluded by the interested parties themselves where they have attained the age of majority and are not judicially interdicted.

2)    A mandate to conclude them may only be given by a special power of attorney approved by the court.

 

Article 152. – Revocation.

 

The agreement on the assignment of paternity shall not be revoked.

 

Article 153. – Annulment.

 

1)    The agreement on the assignment of paternity may be annulled on the ground violence

2)    It may not be annulled on the ground of error or fraud unless it is decisively proved that the child could not have been conceived of the person who has declared to be the father.