Short answer. No. The right to revoke a donation when the donor later has children cannot be renounced. The Civil Code makes this absolute — any advance waiver of this right is without legal effect. Even if a donor promises in writing never to invoke it, that promise is unenforceable.
What the law says
This action cannot be renounced, and is transmitted, upon the death of the donor, to his legitimate and illegitimate children and descendants.
Civil Code, Article 763 — Four Years to Bring the Action. Read the full provision →
Why the right to revoke for birth of a child cannot be waived
A donor who had no children at the time of a donation may later have legitimate, legitimated, or illegitimate children, or may discover that a child believed dead is still living, or may adopt a minor child. In any of those events, the donation may be revoked or reduced. Article 763 closes what would otherwise be a loophole: it declares that the action to revoke cannot be renounced. A donor who signs a waiver of this right — whether in the deed of donation itself or in a separate document — has signed nothing enforceable. The future children's interests are protected regardless of what the donor agreed to before they existed.
The action is transmitted to the donor's children
The right to revoke does not die with the donor. Article 763 provides that the action "is transmitted, upon the death of the donor, to his legitimate and illegitimate children and descendants." This means that even if a donor dies without having exercised the right of revocation, the children or descendants can still pursue it after his death — subject to the applicable prescriptive period. The donee therefore does not achieve permanent security simply because the donor dies before acting.
The time limit for bringing the action
While the right cannot be renounced, it is not eternal. Article 763 also sets the prescriptive period: the action prescribes after four years from the birth of the first child, or from his legitimation, recognition or adoption, or from the judicial declaration of filiation, or from the time information was received regarding the existence of a child believed dead. Missing this window extinguishes the right — but it is the passage of time that cuts it off, not any advance waiver.
What this means for the donee
If you received a donation from someone who had no children at the time, there is an inherent contingency attached to that gift — regardless of any assurances the donor gave you. You cannot make the donation permanently secure by obtaining a written waiver. If the donor later has or acknowledges a child within the prescriptive period, and the conditions for revocation are met, the donation may be undone or reduced. For significant donations, it is worth understanding this legal landscape before planning your affairs around assets that may not be finally yours.