France: Court of Cassation rules for the first time on the possibility for the husband of the father to adopt through full adoption, the child born through surrogacy
(reported by #Caroline Mecary who as the lawyer involved)
In two decisions dated February 12, 2020, the Court of Cassation ruled for the first time on the possibility for the husband of the father to adopt through full adoption, the child born through surrogacy.
The Court of Cassation declared inadmissible the appeals lodged by the Public Prosecutor in Paris against the decisions of September 18, 2018, which admitted for the first time the full adoption of the husband’s child in case of surrogacy, reiterated in another décision on November 27, 2018.
The Court thus validated the full adoptions declared on September 18 and November 27, 2018, by the Court of Appeal of Paris in favour of two families, a couple of men with two children for the first one and a single child for the second.
It is the first time that the Court of Cassation rules on this question of full adoption of the child of the husband, born thanks to surrogacy: assuming that there is only one father on the foreign birth certificate.
The Court of Cassation had already admitted on July 5, 2017, that the simple adoption of the spouse’s child could be pronounced in a specific configuration allowing simple adoption of the spouse’s child only: by supposing that on the foreign birth certificate, the names of the father and the surrogate are mentioned, in that case the only possibility for the husband of the father to adopt the child born through surrogacy, is to request a simple adoption.
The Court of Cassation thus shows the best way to be taken by the trial judges who could be seized of requests for full adoption of the spouse’s child, by couples of men or hetero couples who had a child through surrogacy.
It is a great victory for the children of these families. The Court of Cassation has just allowed their families to be totally protected by the law, even though it took more than four years of proceedings for these two families to achieve this result.