Le Monde | • Updated | By
an exceptional situation warrants an exceptional court decision. The argument used by the former president of the National Consultative Ethics Committee, Didier Sicard, who supports the young widow Mariana Gomez-Turri in his fight to benefit from a transfer of gametes and a post-mortem insemination Spain ( Le Monde of 23 April). The latter scored a point, Friday, May 27 Aurélie Bretonneau, public rapporteur of the Council of State, gave a favorable opinion on his application, highlighting the uniqueness of his situation.
The young woman, Spanish, was married to an Italian, Nicola Turri, died in July 2015 at the age of 30, suites from cancer of the lymphatic system. When the young man fell ill, the couple lived in Paris. Like any patient with cancer, he was able to freeze their gametes before starting chemotherapy, which might make it sterile. His widow now claiming the export of semen straws in Spain, in order to benefit from insemination. This practice is legal in Spain but banned in France, where medical help for procreation is reserved for couples of childbearing age, affected by infertility. The export of gametes for improper use French law is also prohibited
Read also:. After the death of her husband, Mariana wants his child
infringement of privacy
the refusal by the French authorities “carries a manifestly disproportionate interference, since irreversible” the right to privacy M me Gomez-Turri, according to the magistrate of the State Council. This right includes that of parenthood, is guaranteed by Article 8 of the European Convention of Human Rights. “There is no intention to circumvent French law, argued M me Bretonneau. The residence in Spain [M me Gomez-Turri] is sustainable. Neither M me Gomez nor the child will maintain links with France, because the husband was not French. The involvement of French public services is low. “ There is therefore no question, for the rapporteur, to challenge French law, nor the fact that it applies to all French residents, but to make an exception for one case unpredictable when gametes were frozen.
the magistrate refrained want to “false hopes” M me Gomez- Turri. “My comments are solely my conscience. The path that I propose is feasible, but steep “, she said. “It is a satisfaction, but we remain very cautious” said David Simhon, M avocado me Gomez-Turri. The findings of a rapporteur is usually followed by the Council of State, but not always. The decision will be made within two weeks.