Massie+c.+Carriere

- The act of birth proves only the existence of a birth, the identity of the child, and the identity of the mother, since she gave birth to him. It does not prove paternity, which is proved from legal presumptions. - The officer who writes the act of birth does not even check that the mother gave birth to the kid. He writes what people tell him – he can write down lies people tell him. - The CCQ prevents contestation of the act of birth in some cases, but this is subject to rectifying a false act of birth. - The presumption is that Mme. Carrière’s husband at the time of birth is the father. The right to rebut that presumption belongs only to the husband, and not to Massie, the lover. - One day the stigma of illegitimacy may be gone, and law will attach itself to biological veracity rather than legal veracity. As of now, the law thinks it best to give the child legitimate filiation that only the cheated-on husband can contest. - Court does not need to look at Massie’s proof that it his biological child.
 * Facts :** Mme Carrière was married, but separated from bed and board, at the time she gave birth. She has a boyfriend, Mr. Massie, who may well be the biological father of the child. Mr. Massie wrote himself on the act of birth of the child. Mr. Massie is now claiming custody of the child, and recognition that he is the legal father. He invokes possession of status consistent with the act of birth. Mme. Carrière disputes this, and says her ex-husband should be the legal father because he was married to her at the time of birth. Mme. Carrière wants her child to be legitimate (with Mr. Massie, her child would be illegitimate).
 * Reasoning:**