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Parental legality ! Can a homosexual couple adopt a child in France? Or resort to medically assisted procreation? What about parental authority?
In the case of a biological child, the couple can jointly request a “shared delegation of parental authority”. They will then have to demonstrate an interest that this approach is beneficial to the child.
Parental legality ! In the texts, the companion of the biological parent can file a request for simple adoption of the child. But in practice, this option is not accepted by the Court of Cassation because it entails the total transfer of parental authority to the adopter.
If the couple wants to adopt a non-biological child, their request must only be presented by one of the members of the couple. This request cannot be refused on the grounds of his sexual orientation. If the case is successful, he will be able to adopt the child, but the filiation will only be established with regard to him.
Medically assisted procreation.
In France, a single woman or a couple of women cannot have access to it. They will have to go to Belgium, the Netherlands, Spain or the United Kingdom to resort to in vitro fertilization. On their return, parentage will only be established with respect to the biological mother.
: In France, a gay couple cannot have recourse to a surrogate mother. This technique is illegal in our country but feasible in other countries such as the United States for example where the use of a surrogate mother is legal. This process must be legally very framed to avoid any conflict after the birth of the child between the couple and the surrogate mother.
DAMY Law Firm, Nice, Homoparentality, where is the law? 2022 Update