FIGAROVOX / SERVICE – The Supreme Court has just authorized the transcription into French law of the child’s birth certificate with a GPA born abroad. Aude Mirkovic analysis.
Aude Mirkovic is spokesman of the Jurists Association for Children and author of PMA-GPA, the legal controversy , published by editions Téqui in 2014.
This decision opens-t it the way to outright legalization of surrogacy in France?
The way was already open by the complicit silence of the government who refused to appeal the condemnation of France by the European Court of Human Rights in June 2014. Indeed, how admit that the human rights used as a pretext to acceptance of fact, surrogacy, a practice that clashes frontally women’s rights like those children? The way was still open at the inaction of justice that leaves US companies canvass French impunity to offer their GPA in the US, while these facts are caught through the offense. The Court of Cassation, for its part, soaped a little board to legalization because today’s decisions condone the use of surrogacy abroad, as if the GPA had no affect the characterization of the facts.
The court allowed US companies canvass French impunity to offer their GPA in the US, while these facts fall under the crime through .
This decision it renders service to children?
The judges have not solved a problem faced by children. They have established a civil status in their country of birth, which has always been recognized in France. Their descent was not transcribed, to express disapproval of French law with regard to what was imposed on them, the GPA, but it was fully recognized and, moreover, the parental authority of the parents listed on the foreign birth certificates has never been questioned.
The lack of transcript deprived of any right now authorized transcription and does a disservice to parents: their administrative procedures are facilitated but above all, they get the symbolic deposit right on this they did to the children.
The judges have not solved a problem faced by children. They have established a civil status in their country of birth, which has always been recognized in France.
Judges of the Court of Cassation therefore not have served the children, they turned a blind eye to violations of their rights under the GPA. Incidentally, they have devoted a major advance of the GPA in France, in breach of French law. This decision is of great concern to our democracy as the applicable laws are violated by judges who are now creating their own new standards.
Exactly, the Prime Minister was however opposed to the legalization of the latter. Some point to a form of “dictatorship of the judges.” What do you think?
Yes, the judges can validate a practice prohibited by law, and retrograde practice that carries a serious regression in women’s rights and children. In cases judged today by the Court of Cassation, the French bought two Russian mothers their children. Whether biological fathers he gives them so that right? Having put the child in the world he gives the woman the right to sell it? The Supreme Court authorizes the transcript because the man and the woman identified as parents about the birth are the biological father and the surrogate mother.
The biological parents are not the child’s owners.
This has no meaning because the biological parents are not owners of the Child, and the Court of Cassation nevertheless accepts that they behave as such by agreeing among themselves, in the contract of GPA, how they are distributed child a fee. So that will mean for the child the words of the surrogate mother of his act of French birth? A reminder to life because it sold it? And that the French courts found that normal?
The Court of Cassation therefore disregards French law, but it does not appear haloed prestige of the great judge. Instead, it appears only as the servant of the European Court of Human Rights. She wanted to believe that the European Court ordered France to transcribe the proceedings. Already, even though it would have been the case, it would have to resist, because how the homeland of human rights Could validate abuses against women and children, on the grounds that the European court would order ? Then it’s just an excuse, because the Supreme Court has gone beyond the requirements of the European Court.
The Supreme Court ignored the French law. It no longer appears as the servant of the ECHR.
Indeed, the European Court had deplored the fact that the absence of transcription resulted uncertainties on the nationality of children and their heritage, two points have been clarified since the European arrest. Contrary to what the European Court thought he could see, the affiliation of children has always been recognized. She was not transcribed, but it was recognized, and France would incur no reproach on this point of “recognition”.
This is it the way the Taubira law was drafted? The seeds of this decision were they there already?
The Taubira law has plunged the French right into delirium and dictatorship of desires in disregard of reality, reality set aside when she brings a limit to desires. Writing in the law that two men or two women can be parents by challenging the requirements of biology for procreation, the Taubira law promotes the idea satisfies the desire for children at all costs, even if this means depriving deliberately children of father or mother to give way to a second parent of intent male or female. Once the desire is king, the GPA is only a means to realize desire ….
The French justice resigned today, renouncing to uphold the right of children on adult desires. This resignation is certainly in the spirit of the Taubira law, but that which is validated is however not permitted by law Taubira. This indeed has not legalized surrogacy, nor PMA for couples of women and when validates GPA or PMA made overseas scams the Court of Cassation, it violates the law Taubira herself even. The Constitutional Council had said it would be up to the judges to render ineffective and suppress the surrogacy abroad; the judges have respected neither French law nor the decision of the Constitutional Council, which is of great concern for our French legal system.
Is it possible to stop this spiral? If so, how?
Yes, of course it is possible to stop this spiral! Today’s decisions certainly realize a major regression of human rights and child rights. It took years to recognize that the child is a subject of law, not an object, all to get to the consecration of a contract that made him an object of property. ABM is an obscurantist practices and decisions of that day put a stop to the progress on children’s rights.
But they can also cause finally wake of the legislator, who must now act quickly to sanction the use of French by the GPA abroad, facts that today are part of a impunity unaccountable judiciary. Indeed, the right solution for women and children is that there is no GPA. We must therefore adopt dissuasive and preventive measures, ie criminalization of French who use GPA, whether in France or abroad.
Does it passes by repealing the Taubira law or are there other procedures? If so, which?
The Taubira law should be repealed since, as it exists, filiation is based on a denial of reality, a reality that accurately sets objective limits to the desires and protects the rights of others. But it is of course possible to fight against the GPA itself, without touching the Taubira law. It lacks in French law a special offense, which criminalizes the use of GPA as such. Today, customers of the GPA practiced in France are guilty of the offense of incitement to child abandonment, but that does not account for the use of the woman or the character programmed in advance, even before the conception of the child, this abandonment. A special offense would be more appropriate that, in addition, would apply to facts including where the GPA is held abroad. If the French returning from Russia with a child to his mother bought were liable to a penalty, they would be discouraged to use them and the children would be protected. Transcription or not, the solution for children is the eradication of GPA.
No comments:
Post a Comment