Question 12020 — family benefits

Summary

Ms. Céline Thiébault-Martinez draws the attention of the Minister of Health, Families, Autonomy and People with Disabilities to the significant difficulties encountered by same-sex families regarding access to paternity leave and childcare, as well as certain essential family benefits. The Defender of Rights recognized that requiring a filiation condition not provided for by law constitutes discrimination based on family situation and undermines the best interests of the child. However, in practice, male couples remain excluded from several schemes during the birth of their child. Health insurance funds continue to refuse to apply the right to birth leave for the second parent in male couples, citing in particular the protection of the mother's health, which purely and simply denies the existence and rights of these families. This results in discrimination based on sex and family structure, contrary to Article 1 of the Constitution and the European Convention on Human Rights. In this context, she would like to know the measures that the Government is considering to guarantee that all parents, regardless of family configuration, can benefit from birth leave and associated benefits, and the actions planned to put an end to this discrimination and ensure real equality between all families from the birth of the child. Finally, it notes that, even though these problems remain, article 42 of the PLFSS 2026 provides for the creation of new additional birth leave, without the current difficulties encountered by male same-sex parent families having been previously taken into account. account. She therefore wants to know how the Government intends to prevent this new system from reproducing or aggravating existing inequalities.

Machine translation from French. The official text remains authoritative.

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