Civil Code (Cap. 16), article 86

86. (1) A child conceived or born out of wedlock may be acknowledged by the parents, e ither jointly or separately: Provided that the acknowledgement of a child born out of wedlock by a person claiming to be the parent who did not gi ve birth, made separately from the parent who gave birth, shall no t have effect and shall not be registered unless the latter, or the la tter’s heirs in the case of death, and the child himself if he is of age, sh all have been served with a judicial lette r by any person interested sta ting that such person intends to apply for the registration of such acknowledgement, and the parent who gave birth or the heirs, as the case may be, and the child, shall not have within a period of t wo months from such service, by a note filed in the acts of the sa id judicial letter, agreed to such registration, in which case the s a i d judicial letter and agreement not e showing agreement shall be s erved upon the Director of the Public Registry who shall register the said acknowledgement in the relativ e acts of civil status: Provided further that where the parent who gave birth, or the child, where he is of age, does not as aforesaid agree to s uch registration, any person interest ed may proceed by application before the competent court against the person or persons who shall not have so agreed, for the court to declare that the person making the acknowledgement is the parent who did not give birth, and to order the registration of such acknowle dgement in the relative acts o f civil 44 [CAP. 16. CIVIL CODE status. (2) Where both parents, or the heirs of the parent who gave birt h, where that parent who gave birth is dead, agree to change the s urname indicated in the act of birth at the point of registration, a r eference to such agreement shall be made in the judicial letter and relativ e note as mentioned in sub-article (1), provided that such surname is per missible in terms of article 92(1). Judicial demand. Added by: XV .2012.8. Amended by: LXV .2020.12.