Question 14345 — family

Summary

Mrs. Marietta Karamanli draws the attention of Mrs. Keeper of the Seals, Minister of Justice, to the situation of children, adults living abroad and born to a French parent living in France. In the country of birth, these children may not have been recognized by the mother but only by the father. The act of recognition established by the mother after her child comes of age, if it establishes his filiation, has not, having regard to article 20-1 of the civil code, impact on nationality (Court of Cassation, 1st civil chamber, January 9, 2007). At the same time, a minor child born abroad and recognized by the mother abroad requires that his birth certificate be transcribed to the French authorities in the country. No deadline is set for requesting the consular transcription. In both cases, these children may encounter difficulties in coming to France family reunification title. This procedure involves two stages, a request addressed to the prefect of the parent's department of residence, and the issuance of a visa by the consular authorities. The issuance of this can only be refused for reasons of public order and it is up to the administration to report a possible attempt at fraud. She therefore asks him to confirm the rights of the parent to obtain visitation of their children. even if French nationality for one is not acquired and for the other results from filiation and transcription of the civil act in French registers. She also asks him to confirm the time limit from which the transcription decision, once all the documents have been submitted to the consular authority, is considered to have been refused and what legal remedies are open to the parent.

Machine translation from French. The official text remains authoritative.

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