Death of Alain Delon: Will Ari Boulogne, the actor's hidden child, be able to be recognized as his son despite the death of his presumed father? ?

Ari Boulogne a été retrouvé mort le 20 mai 2023 à son domicile parisien. CAPTURE ÉCRAN YOUTUBE/GRAHAM WHITBY BOOT/ALLSTAR

While the “Cheetah” died this Sunday, August 18, 2024 at the age of 88, Alain Delon remains at the heart of several cases. Notably that of Ari Boulogne who died in May 2023 and is considered the illegitimate son of the actor.

He had always claimed to be the son of actor Alain Delon and Nico, a model and singer for the group The Velvet Underground. Raised by the actor's mother, Ari Boulogne had to play the role of “child in the closet” for years.

A legal action initiated by his daughter Blanche Boulogne

After the case was referred to the Swiss courts in 2021 and Ari Boulogne died in May 2023, his daughter Blanche Boulogne filed a lawsuit in Switzerland to have Alain Delon's DNA taken for a paternity test.

But is it possible to recognize paternity when the actor has also just died? ? And what's more, in France ?

In Swiss law, establishing the paternity of a child whose presumed father has died can be complex, especially if the child is also deceased. However, there are several means.

What does Swiss law say ?

With the judicial recognition of paternity (article 261 of the Swiss Civil Code (CC)), an action for recognition of paternity can be brought by the child's heirs, even after the death of the father or the child (or both). If the father is deceased, the action can be brought against his heirs.

In Switzerland, it is also possible to request a post-mortem DNA test to establish parentage. This test may be ordered by a court. If the alleged father is deceased, samples biological (hair, bones, etc.) may be taken from preserved bodily remains. comparisons with other family members can also be used.

There is also the legal procedure which gives the heirs the possibility of proving, by all legal means (including DNA tests if available), that the deceased was indeed the biological father of the child.

And if the father dies in France ?

If the alleged father died in France, this complicates the situation slightly. A Swiss court may handle the case based on the specific details of the case, including the deceased's, here Alain Delon's, ties to Switzerland. The applicable law could be that of the deceased's domicile at the time of his death (here, Douchy in France).

In France, it is possible to initiate an action for recognition of paternity post-mortem as in Switzerland. Carrying out DNA tests and collecting evidence (preserved biological samples, relevant information) may require cooperation between the French and Swiss authorities.

Yves Montand, a similar case

This case is reminiscent of that ofYves Montand and Anne Drossart. In 1989, the former actress filed a paternity suit on behalf of her daughter Aurore to demonstrate that the singer was indeed her father. Despite Yves Montand's refusal, the Paris Court of Appeal concluded that a genetic test was necessary.

While the artist died in 1991, her body was exhumed in March 1998, which caused a great deal of reaction from lawyers and public opinion. On June 11, 1998, non-paternity by Yves Montand was noted.