Facts
On 23 July 1994, Ms. A. gave birth to a boy, named B., whom C. recognized before the civil registrar on 4 August following. The parents married on 5 May 1995, but divorced by judgment of 27 May 2008. On 3 October 2008, C. brought an action to disavow paternity, which the mother and the child, represented by a curator, contested. The Geneva Court of First Instance established C.'s non-paternity by judgment of 3 December 2009, but the Civil Chamber of the Court of Justice annulled this judgment and dismissed the action on 28 May 2010. The FSCA admitted the civil law appeal lodged by the father and remanded the case for examination of the conditions for the application to contest recognition of paternity.
The mother lodged a civil law appeal against the Court of Justice's judgment, which confirmed the first-instance judgment establishing C.'s non-paternity. The FSCA dismissed the mother's appeal, which primarily sought dismissal of the father's action and subsidiarily remittal for a new decision.
Considerations
The FSCA examined the mother's standing to appeal in an action contesting recognition of paternity. According to art. 76 para. 1 FSCA, anyone who has participated in the proceedings before the previous authority or has been deprived of the opportunity to do so and is particularly affected by the decision being challenged and has a legitimate interest in its annulment or modification has standing to appeal.
The mother participated in the proceedings before the previous authority and is affected by the decision being challenged, as she has an economic interest in not assuming sole responsibility for the child's maintenance. However, the right to bring an action and to defend belong to the material conditions of the disputed claim, which are determined according to the substantive…