Legitimation of a Child Born out of Wedlock

Facts

On December 5, 1953, René [M.] married Hélène M. In 1961, René [M.] met Arlette [B.] and became her lover. In 1962, René [M.] and Arlette [B.] lived together and promised each other marriage. On December 13, 1961, René [M.] filed for divorce against his wife Hélène [M.], who cited her husband's adultery. On June 1, 1962, the parties reached a settlement on civil interests and the divorce action was abandoned. On October 18, 1962, the Civil Court of the District of Lausanne granted the wife's divorce action and imposed a two-year remarriage ban on René M. René [M.] died on November 3, 1962, from the consequences of an accident, before the expiration of the relief period. On November 24, 1962, Arlette [B.] gave birth to the child Renée, who was registered in the civil status registers as her illegitimate daughter. On August 9, 1963, Arlette [B.] and her daughter Renée requested the President of the Civil Court of the District of Lausanne to pronounce the legitimation of this child, in accordance with Art. 260 CC. The Public Prosecutor's Office opposed this request.

Considerations

The Federal Tribunal considered that the request for legitimation, whether it comes from "the other fiancé", the child or the two together, does not constitute the exercise of an action against someone else, considered as a defendant. Consequently, the required "declaration" of the judge…