FIGAROVOX / TRIBUNE – The State Council has rejected the applications for annulment against the “Circular Taubira”. For the lawyer Adeline Gouvello the door, this decision could create a step towards legalizing surrogacy.
Adeline Gouvello of the East Gate Lawyer
FigaroVox. The Council of State rejected the appeal against the ciculaire Taubira. He believes that the mere fact that a child is born abroad to a surrogate mother can lead to depriving the child of French nationality. This will he lead in fact to legalize surrogacy
Adeline Gouvello of the Gate: It must first be remembered that a child born GPA was never deprived of nationality. Children born thus benefits from the nationality of the country of origin where he was born. Then, through Article 21-12 1 of the Civil Code, it automatically acquires French citizenship after five years of residence on French territory. In practice, foreign agencies that sell to French GPA services did not fail to remember precisely that citizenship was somehow automatically acquired after five years. Therefore, there was no need neither practical nor legal to create rules in this area.
This circular appears to have been written not to give a status to the child, who had already but to create a step towards legalizing surrogacy.
Therefore, one can legitimately ask what the purpose pursued by the Minister of Justice when this text was issued, except that of progressively admit the GPA in France .dropoff window The decision of the State Council does not legalize surrogacy but recognizing the effects of this practice, in total contradiction with the French law, it takes away, in fact, the full extent of the law in this area. So, actually, this circular seems to have been written not to give a status to the child, who had already but to create a step towards legalizing surrogacy. Moreover, it is clear today that if the government did not appeal the decision of the ECHR in June, it was for the Council of State to validate the Taubira circular, without the existence of that judgment, could never be.
The State Council nevertheless reminds although the prohibition of this practice …
The State Council actually said that the gestation contract to another is zero, one contrary to public policy which is totally contradictory to the decision he made. It does not draw the consequences, yet obvious. Paradoxically, it gives effect to a contract that does not exist from a legal point of view. The nullity means that the contract and its effects are non-existent, as the mother who bore the child is always the mother and that those who ordered the child can not be established “parents” of the child solely because of this contract.
But to validate the circular, the State Council is hiding behind the ECHR and Article 8 of the European Convention on Human Rights which provides for respect for private and family life.
Yet it is hard to see how the issue of nationality prevents or allows a normal family life. Especially as children automatically have French nationality after five years.
In addition, it does not understand the fact pretext respect of privacy to cover an illegal act.
Once the GPA has been made, there is no satisfactory solution. That is why it is necessary, upstream, prevent the child can be the subject of such contracts by firm and concrete measures. There are no half measures possible.
This gives he reason for those who demand the repeal of the law Taubira?
Yes, absolutely. Those who demand the repeal had warned upon adoption of the law that it would automatically entail the LDCs and the GPA. The facts and decisions, step by step, spend this possibility, give them reason.
How to protect the child from the GPA?
Once the GPA has been made, there is no satisfactory solution. That is why it is necessary, upstream, prevent the child can be the subject of such contracts by firm and concrete measures
There are no half possible.: either the GPA is totally prohibited, effective, or we admit its effects, which inevitably leads to its legalization.
No comments:
Post a Comment