Family law, filiation, adoption, Court of Cassation, child rights, parental rights, Benjamin judgment, civil code, public order
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Abstract
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Abstract
A series of court judgments on filiation and adoption, including the Benjamin judgment, highlighting the complexities of family law and the best interests of the child.
Extract
[...] The judgment is related to the possession of state. A man sues his child's consorts to testify to his possession of state. The Court of Appeal declares his request inadmissible on the ground that possession of state requires a notarized act by the guardian judge, which was not delivered, as he already had a filiation with the said child. The man files a cassation appeal to the Court of Cassation on the ground that he has no filiation and no notarized act granted by the guardian judge, although the elements are present. [...]
[...] Since 2009, childbirth under X is no longer a demurrer. In 2002, the law n°2002-93 came to modify article L222-6 of the Social Action and Families Code concerning the procedure for anonymous childbirth. It includes in the procedure steps that aim to encourage the woman who gives birth anonymously to provide information about herself without revealing her identity. The goal is to emphasize the importance for a person to know their origins and their history. According to the procedure, when she gives birth, the woman informs the medical team that she wishes to give birth anonymously. [...]
[...] It was only in 1993 that a law came to recognize anonymous childbirth. On January the law n° 93-22 was adopted, it inserts into the Civil Code article 326, written in the following way: 'during childbirth, the mother can ask that the secret of her admission and her identity be preserved'. The article has remained in these terms since. To this end, the Civil Code guaranteed the possibility for the mother to maintain her anonymity. That is to say that any action brought to find out the identity of the mother when she does not wish it was inadmissible and punishable by a particularly heavy and effective procedural sanction: a formal defect was sanctioned, a demurrer was applied, that is to say that the plaintiff was denied the right of action. [...]
[...] It also informs local authorities of adoptions and the conservation of information related to the personal origins of children born under X. In the meantime, if the mother does not return to her choice of keeping anonymity, the medical team entrusts the child to the Child Welfare Services (ASE) for 2 months, it is considered abandoned. After this period, the child becomes adoptable and is admitted as a ward of the state and can be proposed for adoption. If the mother returns to her decision, then we offer her a 3-year accompaniment following the return of the child to ensure the child establishes the necessary relationships for the child's physical and psychological development as well as emotional stability. [...]
[...] Filiation: the birth TD OF CIVIL LAW N°5 I. CASE FILE N°1 The judgment we will study is a judgment of cassation rendered by the first civil chamber of the Court of Cassation on 7 April 2006, it is a fundamental principle judgment in family law, it is the Benjamin judgment. The judgment is related to a request for restitution of the child following a placement for a full adoption. In fact, on 13 March 2000, Benjamin was born, his father recognized him in advance before the civil registrar, the mother requested the secrecy of childbirth, that is to say, a childbirth under X. [...]
