Revised Laws of Saint Lucia (2021)

CHAPTER SECOND
THE EVIDENCE OF THE FILIATION OF LEGITIMATE CHILDREN

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    196.   The filiation of legitimate children is proved by the records of birth inscribed in the registers of civil status.

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    197.   If there be no such record, the uninterrupted possession of the status of a legitimate child is sufficient.

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    198.   Such possession is established by a sufficient concurrence of facts, indicating the connection of filiation and relationship between the individual and the family to which he or she claims to belong.

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    199.   No one can claim a status contrary to that which is given him or her by the record of his or her birth, accompanied with the possession conformable to such record; and reciprocally no one can contest the status of him or her who has a possession conformable to the record of his or her birth.

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    200.   If there be neither record of birth nor uninterrupted possession, or if the child have been described either under false names, or as being the child of unknown parents, the proof of filiation may be made by testimony. Nevertheless this evidence can only be admitted when there is a commencement of proof in writing, or when the presumptions or indications resulting from facts then ascertained, are sufficiently strong to permit its admission.

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    201.   A commencement of proof in writing may be derived from the title-deeds of the family, the registers and papers of the father and mother, from public and even private writings proceeding from a party engaged in the contestation, or who would have had an interest therein had he or she been alive.

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    202.   Proof of the contrary may be made by any means of a nature to establish that the claimant is not the child of the mother he or she claims to have, or even, the maternity being proved, that he or she is not the child of the husband of such mother.

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    203.   Proceedings to establish the status of legitimacy may be brought by a petition presented to the Supreme Court for a declaration that the petitioner is a legitimate child of his or her parents. The right of a child to establish his or her status is imprescriptible. (Substituted by Act 34 of 1956)

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    204.   This petition cannot be brought by the heirs of a child who has failed to bring it, unless he or she died in minority, or within 5 years after his or her majority; but they may continue the action already brought. (Amended by Act 34 of 1956)