Friday, July 3, 2015

Children born GPA: Not in the Great Before the Court of Cassation – Liberation

Finally. Finally, Kolya and Lizie, 4 years, will be able to appear on a family book. At 14 pm, on Friday, the Court of Cassation, the highest French court ruled in favor of the inclusion in the French civil status of the two children born of surrogacy (GPA) to abroad. Emotion. Relief. Joy.

All those who had gathered in the early afternoon to the Grand Chamber of the Court, whether the attorney advocate (M th Spinosi), representatives of the Association of lesbians and gay parents (GLPA), the Association of LGBT families (ADFH), spouses Mennesson, twin girls born through surrogacy in the United States, not to mention Dominique Boren and husband Jerome, Kolya’s parents did “phew” . Yes “phew” , as anti-GPA have, in recent times, given voice, brandishing the specter of legalizing surrogacy, when the Court was asked to rule that on the merits or not a complete identity and Kolya Lizie.

What did precisely the Court of Cassation?

She asked that the birth of Kolya and Lizie are transcribed in the French civil status in which they have been established in Russia. With the name of the father who performed a paternity and, like mother, the woman who gave birth. In other words, the surrogate mother. By allowing this transcript, the Supreme Court has given the condemnation of France by the European Court of Human Rights (ECHR), which had invoked “best interests” of children the subject. At the same time, it establishes, and it is very important that the prohibition in France of the GPA “can not defeat” to the transcript on the French registers of birth . Quite a step forward. Only thus have children. The “theory of fraud” will no longer be an obstacle.

This decision she has universal appeal?

The Court states that only ruled on both cases submitted to it. It does not address the case of the intended parents. Those who raise the child with the genetic father. What about, for example, Jerome student Kolya since birth? To become his father (in the eyes of the law is) will require that the surrogate mother of Kolya, Kristina, formally renounces its rights so that it can then adopt it. Yes, but surrogacy is illegal, and the argument can then be brandished to prevent the adoption …

And what about the intention of mothers, women who, deprived of uterus (where the more common in these cases GPA) have used with their husbands in a foreign surrogate? That’s what worries Sylvie Mennesson. His twin were born in the United States. Sylvie, as required by US law (different from Russia that says surrogate mother), is on the foreign birth certificate. She will benefit, too, from the judgment of the Court of Cassation? “Our case is not settled. Courage flee ‘, she let go earlier, exhausted by five years of fighting when her husband Dominic showed significantly more optimistic.

Will Magistrates to continue to make resistance?

As explained, from the experienced judgment, M th Patrice Spinosi, some judges “will draw the consequences of the judgment of the Court of Cassation, and other block on principle “, but ” Returning from far and this decision is a great victory. “ To affirm that the prohibition in France of the GPA “can not defeat” to the transcript on the French registers of birth, actually gives a new framework. The Prime Minister, Manuel Valls, do not make a mistake when he said: “Now we have to analyze the decision of the Supreme Court to determine precisely the effects.”


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