Legal Definitions - filiation

Filiation refers to the legal and factual relationship between a child and their parent. It encompasses both the biological or adoptive status of being a son or daughter, and the formal legal process through which this parent-child relationship is established or confirmed, particularly concerning paternity.

• Example 1 (General Relationship): When a child is born in a hospital, the birth certificate typically records the names of the biological parents. This document serves as official proof of the filiation between the newborn and their mother and father, legally recognizing their parent-child bond from birth.

  Explanation: This example illustrates filiation as the inherent and legally recognized relationship of a child to their parents, established through a standard administrative process.

• Example 2 (Judicial Determination of Paternity): A single mother filed a lawsuit seeking child support from a man she identified as the father of her child. To resolve the dispute, the court ordered DNA testing. Once the tests confirmed the man's biological connection, the court issued an order formally establishing his filiation to the child, thereby assigning him parental rights and responsibilities.

  Explanation: Here, filiation refers specifically to the judicial process of determining and legally confirming the paternity of a child, often leading to legal obligations like child support.

• Example 3 (Judicial Determination through Adoption): After a lengthy process, a couple successfully adopted a child from another country. The final adoption decree issued by the court legally established the filiation between the adoptive parents and the child, granting them all the rights and responsibilities of biological parents and making the child their legal son or daughter.

  Explanation: This scenario demonstrates filiation being established through a formal legal proceeding (adoption), creating a parent-child relationship that carries the same legal weight as a biological one.