Filiation | GOALGOOLE | Because you need Information for your goals !
7023 Bole Kifle Ketema, Addis Ababa, Ethiopia
0116616179/85 mcc@ethionet.et

Filiation

CHAPTER NINE

FILIATION

Section 1. Ascertainment of  Paternity and Maternity

Sub-Section 1. General Provisions.

Article 123. – Legal Rules Mandatory.

Unless the law expressly authorizes, the legal rules concerning the ascertainment of paternity and maternity shall ne be derogated by agreement.

Article 124. – Maternal Filiation.

Maternal filiation is ascertained from the sole fact that the woman has given birth to the child.

Article 125. –  paternal Filiation.

1)    paternal filiation results from the maternal filitaiton when a relation provided for by the law has existed between the mother and a certain man at the time of the conception or the birth of the child.
2)    It may result from an acknowledgement of paternity made by the father of the child.
3)    It may also result from a judicial declaration.

                                     Sub-Section 2. Presumption of Paternity

Article 126. – Presumption of Paternity of the Husband

A child conceived or born in wedlock has the husband as father.

Article 127. – Generality of Presumption.

1)    The provisions of Article 126 shall apply whatever the manner in which the maternal filiaton of the child may have been established.
2)    They shall also apply when the record of birth of the child does not indicate the husband as the father of the child or when it indicates that another man is the father of the child.
3)    In such cases, the record of birth shall merely be corrected.

Article 128. – Duration of Pregnancy.

1)    A child shall be deemed to have been conceived in wedlock if he is born more than 180 days after the celebration of the marriage and within 300 days after its dissolution.
2)    No proof to the contrary shall be admitted.

Article 129. – Absence of the Husband

The provisions of this Code concerning presumption of paternity shall not apply to a child born 300 days after the day indicated, as the date of last news, in the judgment declaring the absence, of the person presumed by law as the father.

Article 130. – Irregular Union.

1)    A child conceived or born during an irregular union has as father the man engaged in such union.
2)    The provisions of Articles 127 and 128 concerning the generality of presumptions and the duration of the pregnancy shall apply to the presumption provided in this Article.

                                           Sub Section 3. Acknowledgement of Paternity

Article 131. – (1) Principle.

When the father of the child is not determined by applying the provisions of the preceding Articles, the paternal filiation of the child may be established by an acknowledgement of paternity.

Article 132. – (2) Definition.

An acknowledgement is deemed to be made when a certain man made a declaration that he considers himself the father of certain child merely conceived or born.

Article 133. – (3) Form.

An acknowledgement of paternity results from the declaration made by a man before an officer of civil status or by a Will he made in writing or by a document attested by any competent authority that he is the father of the child.

Article 134. – Representation.

1)    The declaration shall be made personally by the father of the child even though he is a minor.
2)    The mandate to make such a declaration shall only be given by a special power of attorney approved by the court.
3)    It may be made personally by a person subject to judicial interdiction or in his name by a legal representative, with the permission of the court.

Article 135. – Death of the Father.

If the father of the child is dead or is not in a position of manifesting his will, the acknowledgement of paternity may be made, in his name, by one of his parents.

Article 136. – Non-Admission by the Mother.

1)    The acknowledgement of paternity shall be of no effect unless it has been acknowledged, to be well founded, by the mother of the child.
2)    If the mother of the child is dead or is not in a position of manifesting her will, the acknowledgement of paternity may be accepted by the maternal grandfather or grandmother of the child.
3)    In default of maternal grandparents, it may be accepted by another maternal ascendant or by the guardian of the judicially interdicted person.

Article 137. – Majority of the Child.

An acknowledgement of paternity shall be of no effect unless it has been accepted by the child himself when it is made after the latter has attained majority.

Article 138. – Condition of Acceptance.

The acknowledgement of paternity shall be deemed to be accepted where the persons mentioned in Articles 136 and 137 have not raised any protest against such acknowledgement within one month after they came to know of it.

Article 139. – Death of the Child.

The acknowledgement of the paternity may not be made after the death of the child unless the latter has left descendants.

Article 140. – Revocation.

1)    The acknowledgement of paternity may not be revoked.
2)    A minor who has acknowledged a child may revoke such acknowledgement for so long as he is incapable and within one year following the cessation of his incapacity, unless his guardian consented to the acknowledgement.
3)    This right of revocation may be exercised by the minor only. It may not be exercised by his legal representatives nor by his heirs.

Article 141. – Annulment.

1)    Acknowledgement of paternity may be annulled on the ground of 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 made the acknowledgment.

Article 142. – Several Acknowledgements Prohibited.

Where an acknowledgement of paternity has been made regard to a child, no other acknowledgement of the child by another man shall be permitted unless the first acknowledgment has been annulled.

                              Sub-Section 4. Ascertainment  of Paternity by Judicial Declaration.

Article 143. – (1) Judicial Declaration of Paternity.

Where, after applying the preceding Articles, the father of the child is not ascertained, a judicial declaration of paternity made be obtained under the following conditions;
(a)    In the case where the mother has been the victim of abduction or rape at the time of conception of the child;
(b)    In the case where, at the time of conception of the child, the mother has been the victim of seduction accompanied by abuse of authority, promise of marriage, or any other similar act of intentional deception;
(c)    In the case where there exist letters or other documents written by the claimed father which unequivocally prove paternity:
(d)    Om the case where the claimed father and the mother of the child have lived together in continuous sexual relation, without having a legally recognized relation, in the period regarded by law as the period of pregnancy.
(e)    In the case where the person claimed to be the father of the child has participated in the maintenance, care and education of the child in the capacity of a father.

Article 144. – (2) Action for Judicial Declaration of Paternity.

An action brought for judicial declaration of paternity, based on the provisions of the preceding Article shall be of no effect under the following conditions;
(a)    In the case where the mother of the child had sexual relationship with another man in the period regarding by law as the period of pregnancy unless it is proved by medical or other reliable evidence that such man is not the father of the child.
(b)     In the case where the claimed person could not be the father of the child for he was absent or has been a victim of accident during the period regarded by law as the period of pregnancy.
(c)    In the case where the person claimed to be the father of the child decisively proves by blood examination or other reliable medical evidence that he could not be the father of the child.

Article 145. – No other Cases.

A judicial declaration of paternity shall not be demanded or made except in the cases specified under Article 143 of this Code.

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.

                               Section 3. Proof of Filiation

Article 154. – Record of Birth.

Both the paternal and the maternal filiation of a person are proved by his record of birth.

Article 155. – Proof in Default of Record of Birth.

In default of a certificate of birth, filiation is proved by the possession of the status of child.

Article 156. – Possession of Status (1) Definition

A person has the possession of the status of child when he is treated by the community as being the child of such man or woman.

Article 157. – (2) Proof by Possession of Status

1)    Where the possession of the status of child is proved in accordance with the preceding Article, the court shall take presumption that the child is born of such man or woman.
2)    The presumption under the preceding Sub-Article may be rebutted by proving that the child could not be born of such man or woman.

Article 158. – Action to Claim Filiation.

1)    In default of possession of the status of child, filiation may be proved by witnesses or by any other evidence.
2)    The action to claim filiation may not be instituted except with the permission of the court.
3)    Such permission shall not be granted unless there are presumptions or indications resulting from concrete facts enabling the court to grant permission.

Article 159. – Inadmissibility of Action.

No permission to institute the action to claim filiation shall be granted where the person whose filiation is to be established has already another filiation resulting from his birth certificate and corroborated by possession of a status in conformity with such certificate.

Article 160. – Person to Institute the Action.

1)    The action to claim filiation may be instituted by the child, by his guardian or by his heirs.
2)    It may also be instituted by those who claim to be the father or the mother of the child.

Article 161. – When to Institute the Action.

1)    The child may institute the action to claim filiation at any time during his life.
2)    The parents or guardians of a child may institute it only during the minority of the child.
3)    The heirs may not institute it unless the child died before the age of twenty years and within one year after his death.

Article 162. – Person Against Whom Action Instituted
.

1)    Where the action to claim filiation is instituted by the mother, it shall be made against the child.
2)    In other cases, it shall be instituted against the mother or her heirs.

                     Section 4. Contestation of Filiation and Disowning

                                    Sub-Section 1. Contestation of Filiation

Article 163.  – Principle

The maternal filiation of the child may be contested at any time by any interested person.

Article 164. – Admissibility of Action.

1)    The action to contest filiation may not the instituted except with the permission of the court.
2)    Such permission shall not  be granted unless there are presumptions of indications resulting from concrete facts enabling the court to grant permission.

Article 165. – Inadmissibility of Action .

Where the filiatoon of the child results from the certificate of birth and is corroborated by a possession of status, permission to institute  an action to contest filiatoin may not be granted.

Article 166- person Against whom Action Instituted

1)    The action to contest filiation shall be instituted against the person whose filiation is contested or against his heirs.
2)    The mother and, where necessary, the father of the child shall be joined as parties in the proceedings.

                                      Sub-Section 2. Disowning

Article-167-Principle.

The paternal  filiatioon of a child may be contested only by means of an action to disown.

Article-168-  No Sexual Intercourse with the Mother

(1)    Principle.
The person to whom the law attributes the paternity of a child may disown such child by proving decisively that he could not have had sexual intercourse with the mother during the period between the 300th and 180th day before the birth of the child.

Article 169-(2) Legal Presumption

1)    The spouse shall be deemed to have had no sexual intercourse with one another during the time when they actually lived separately following a petition for divorce made by one of them or in consequence of an agreement consequence between them.
2)     Proof to the contrary by any means is admissible.

Article 170. -When Paternity is impossible (1) Principle.

The Person to whom the law attributes the paternity of a child may disown such child by proving decisively that it is absolutely impossible that he could be the father of the child.

Article 171. – (2) Admissibility of Action.

(1)    The action to disown based on the preceding Article may not be instituted except with the permission of the court
(2)    Such permission shall be granted when there are presumptions or serious indications resulting from sufficient and reliable facts enabling the court to accept the action

Article 172. – (3) Presumptions and serious Indications.

(1)    The presumptions and serious indications may consist of physical characteristics of the child recognized by science to be incompatible with those of the father.
(2)    They may also result from the fact that the women has concealed the birth of the child or her pregnancy to the man under circumstances which are apt to create doubts as regards his paternity.

Article 173. –  (4) Adultery or Admission of the Mother .

The adultery of the mother or her admission that the child has another father are not sufficient, by themselves,  to constitute serious circumstantial evidence.

Article 174. – plaintiff in the Suit.

(1)    Only the person to whom the paternity of the child is attributed by legal presumption may institute an action to disown.
(2)    No action to this effect may be made by the mother or by a man who claims the paternity of the child or by the public prosecutor or by the child himself.

Article 175. – Judicially Interdicted Person.

(1)    An action to disown may,  with permission of the court, be instituted by the judicially interdicted person himself.
(2)    The action may, with the same permission, be instituted in the name of the interdicted person by his guardian.

Article 176. –Time  (1) Principle.

(1)    An action to disown shall be instituted by the man to whom the paternity of the child is attributed by law within 180 days following the day he knew or he should have known the birth of the child.
(2)    Where the maternal filiation is established by an action to claim a status, the action to disown shall be instituted within 180 days from the judgment deciding on the action to claim a status having become final.

Article 177. – (2) Exception.

(1)    Where the person to whom the paternity of the child is attributed by law dies or becomes incapacitated within the time fixed by law for instituting the action to disown, one of his descendants, in his stead, may institute an action to disown.
(2)    In default of descendants, the right to disown may be exercised by his father, or mother, or in their default, by one of his ascendants.
(3)    In default of ascendants, it may be exercised one of his brothers or sisters, to the exclusion of any other heir or representative

Article 178- Inadmissibility of Action

Disowning shall not be allowed where it is proved that the child has been conceived by means  of artificial insemination with the written consent of the husband.

Article 179-Defendant in the Suit.

1)    The action to disown shall be instituted against the child where he is deal, against his heirs.
2)    The mother of the child shall be jointed in the suit.
3)    Where the child is minor. He shall be represented by a tutor ad hoc appointed by the count for  this purpose