In two opinions, the Supreme Court rules out ‘evasion of the law “: this argument was to deny adoption by the high court of Versailles in the spring. Indeed, said the court, “in France, albeit conditionally, this medical practice is allowed ‘: therefore she felt that ” that women will have used overseas dash any essential principle of French law. ”
- The French law does allow the LDCs?
The PMA is restricted in France to heterosexual couples infertile. But no law explicitly prohibits lesbians to use it. However, the Constitutional Council has emphasized in its judgment of 17 May 2013, the PMA is not open to female couples France.
The Supreme Court had to decide a question of law in the Since the marriage law for all opened adoption rights to same-sex couples, without ruling on the issue of LDCs.
- What is the practice of the courts?
The government has given no enforcement of the law to the prosecution statement. According to a study commissioned by the chancellery in mid-July of 295 decisions referenced 281 had granted the adoption, including 254 plenary adoptions, as opposed to the more restrictive simple adoption. Of the 14 procedures have not been completed, nine have been rejected, three have led courts concerned to order a police investigation or a social survey, and two resulted in the referral to the Court of Cassation for review.
- Why do some adoptions were they rejected?
On April 30, the High Court of Versailles refused adoption considering that “The process comprises receive medical assistance Reproduction prohibited in France and then to seek adoption of the child, designed in accordance with the foreign law but in violation of the French law, a fraud (…) and prohibited the adoption of the child illegally designed “.
He also argued that allowing adoptions within couples women would amount to ” to distinguish men with homosexual couples for which the use of surrogacy is criminally reprehensible “, which would undermine the principle of equality before the law
Read:. Justice refuses adoption to the wife of the mother of a child conceived by PMA
- Why do some adoptions were they accepted?
TGI Niort eg estimated “that the principle of equality [with heterosexual couples] requires the treatment of Similarly people who are in the same situation and it is not for the court to consider the mode of conception of the child, this question is not made in connection with the adoption within a couple of different sexes “.
- The decision of the Court of Cassation she will be binding on all the courts?
The decision of the Supreme Court for an advisory opinion is not binding, although it is expected to influence future decisions greatly. It is made available to judges to remedy the slow formation of jurisprudence on a new point of law. It aims to unify faster interpretation of the law and to ensure the prevention of litigation and appeals.
- What does the European Court of Human Rights?
On 26 June 2014, the European Court of Human Rights condemned France for refusing to transcribe vital birth certificates of children born by surrogacy in the United States. This decision relates to children born by surrogacy (GPA) and not by PMA.
Read: GPA, PMA: What will be the impact of the ECHR decision on the French right
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