Court in
Versailles says couple 'defrauded' French law by going to Belgium for IVF,
which is illegal for gay people in France
theguardian.com,
Kim Willsher in Paris, Friday 2 May 2014
A married French woman has been told she cannot adopt the child she and her partner had by IVF treatment carried out abroad.
A pregnant woman undergoes an ultrasound scan. The French couple travelled to Belgium for IVF treatment. Photograph: Charles Gullung/Getty Images |
A married French woman has been told she cannot adopt the child she and her partner had by IVF treatment carried out abroad.
In a
surprise ruling, a court in Versailles said the same-sex couple defrauded the
French law which bars homosexuals from medically assisted procreation by
undergoing the procedure in neighbouring Belgium.
Equal
rights organisations have criticised the decision, saying it goes against
rulings in previous cases and is discriminatory.
The pair,
who have not been named, have a four-year-old son, Martin, born to one of the
women after IVF treatment. In November, the biological mother's partner applied
to the family court for the right to adopt the boy so he would have two legal
parents.
The court
refused the request, declaring the IVF was "in violation of French law …
and constitutes a defrauding of the law". It said it was "banning the
adoption of an illegally conceived child".
Same-sex marriage and adoption were legalised by France's Socialist government a year
ago. However, IVF is only given to heterosexual couples. Surrogacy is illegal
for all in France.
A proposed
family law that would have opened a debate on IVF for homosexual couples was
dropped by President François Hollande earlier this year after vehement
opposition from "pro-family" campaigners, many of them from the
traditional Catholic right.
The
organisation Enfants D'arc-en-ciel (Rainbow Children), a gay and lesbian
parents' association, said in a statement: "There will be other cases. The
opening of marriage and adoption [to same-sex couples] was supposed to protect
our families."
Another
rights group, Inter-LGBT, went further, saying "the children of homosexual
parents are the new bastards of the Republic", while the Association of
Homoparental Families (ADFH) said: "The homophobic Versailles court has
not acted in the interest of the child".
However,
Ludovine de la Rochère, president of the group La Manif Pour Tous, which is
opposed to gay marriage and adoption, said the court had ruled correctly.
"I can
understand that these two women are upset about the judgement, but to approve
their request would be to encourage an illegal practice. Adoption is an
institution to serve the child, it is a response to the death of a child's
parents or if it has been abandoned. It is not a means for adults to use for
their own ends."
The
couple's lawyer, Caroline Mecary, told journalists she would appeal against the
ruling, saying that, despite fierce opposition, around 20 same-sex couples have
been allowed to adopt in similar situations.
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