Question 282 — children

Summary

Mr. Bastien Marchive draws the attention of the Minister Delegate to the Minister of Solidarity, Autonomy and Equality between Women and Men, responsible for the family and early childhood, to the situation of people born to a mother who decided to give birth anonymously, known as “born under X”. France is in fact one of the only countries in Europe and in the world to allow childbirth completely anonymously, thus guaranteeing the mother the secrecy of her admission and not allowing the child to access his origins. Although several legislative developments have strengthened the information provided to pregnant women prior to childbirth (in particular on the consequences of abandoning the child and on the choice of whether or not to give them their identity or information concerning their origins), the law in force remains characterized by an imbalance between two rights of primary importance: on the one hand, that of maintaining the secret and the private life of the mother and on the other hand, that of access to her origins, in the name of the best interests of the child. The latter was notably enshrined by the International Convention on the Rights of the Child, signed by France in 1990, and by the European Convention on Human Rights, before being transcribed into French law within the code of social action and families. French jurisprudence also tends to give greater and greater importance to the right to access to one's origins, with for example the recognition by several court decisions of the rights of the father or grandparents of the child born under It is also appropriate to point out that most European countries do not allow anonymous births. Some, like the United Kingdom, go so far as to encourage connections between adopted children and families of origin, given the importance of access to origins in the child's development and the construction of their identity. These developments thus raise the question of the relevance of the system currently governing childbirth under France in view of contemporary issues. Also, he asks him if the Government intends to evolve this framework in order to guarantee the conditions for the development of the child without preventing the choice of the mother at birth.

Machine translation from French. The official text remains authoritative.

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