Question 11312 — family

Summary

Ms. Émilie Bonnivard draws the attention of Ms. Keeper of the Seals, Minister of Justice, to the expansion of the civil rights of human persons before birth and, in particular, to the possibility of giving them a surname. The rights concerning stillborn children are linked to the notion of human being as it has been developed in French law, going beyond the framework of the notions of birth and death of the legal person. It is now possible to be issued with a medical certificate of delivery in order to obtain a stillborn child certificate for all stillborn children following childbirth or medical termination of pregnancy. Parents can therefore obtain a symbolic mention of the child by giving him a first name, both in the civil status register and in the family record book, but also by organizing a funeral. But, contrary to the regulations applicable in Germany, Great Britain, Ireland or the Netherlands, it is not possible, in France, to assign a surname to a child who dies before birth. Assigning a family name to a dead child gives them greater dignity and helps families overcome their grief, without giving the child a legal personality. The expansion of civil rights children born without life to give them a family name meets a legitimate need of bereaved families. Without this procedure being obligatory, she wishes to know if a possibility of assigning a family name to a stillborn child (particularly after term), depending on the family's request, could be implemented. She wants to know his intentions regarding this strong expectation from families.

Machine translation from French. The official text remains authoritative.

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