The notion of filiation in comparative law - French law and English law

The notion of filiation refers to the family relationship between a parent and a child, which place each one in a family lineage and identify him from the members of his family. Because of its universality, it seemed appropriate to examine how two different legal systems, such as those of civil law and common law, understood it. Referring intuitively to a genetic link between parent and child, the notion of filiation could be, at first sight, reduced to a physical aspect. However, the law recognizes that it covers other realities like social and emotional ones. Thus, it reveals a more complex concept. In recent years, a tension appeared between genetic reality, which became available thanks to advances in science, and will, used to base all legal fictions such as adoption, assisted reproduction and surrogacy. The law seeks to check and balance these foundations with the child's welfare and public policy.
The comparative study of French and English law also revealed a growing dissociation between the notion and its effects. Indeed, the effects can be assigned independently of the legal existence of the link. This dissociation has revealed a more precise one between the status, that is to say the initial link which is attached the effects, and the role, that is to say, the behavior which will receive all or part of the effects of filiation. Then, the effective exercise of this role can re-aggregate the effects of filiation. Thus, it is questioning the notion on its ability to account for changes in the family law.