For lack of information, many women or couples of women who had a foreign LDC planned after the promulgation of the text can not benefit from the joint recognition system because they were not at the notary before to resort to a gift.
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It was a subject that had inflamed Parliament during the debates preceding the adoption of the law of bioethics, opening access to medically assisted procreation (LDCs) to couples of women and single women: how to establish The filiation of future children with regard to the “second mother”, who did not give birth? On arrival, a specific mechanism had been created for lesbian couples. When they begin their care, the latter must sign at the notary anticipated joint recognition (RCA), at the same time as the consent to the gift of gametes required for all candidates for the LDC. This document, transmitted to the civil status official at the birth of the child, will make it possible to establish his filiation with respect to his two mothers.
Always during parliamentary debates, the situation of the couples of women who had a child, before the vote of the law, by going abroad to resort to a LDC, had been mentioned, and the decision taken to plan that the joint recognition system can benefit them a posteriori, for a transitional period from August 4, 2024. The objective: to avoid the mother who has not brought the child to go through the adoption, the only option of which She had previously had to recognize her motherhood. Relief for many couples.
Catching device
But a subtlety had not been understood, for lack of information, by women registered in PMA paths abroad and who had inseminations or in vitro fertilments scheduled after the promulgation of the text, the 2 August. The latter, to benefit from the joint recognition system, should indeed go to the notary before resorting to a gift, which they did not know for many of them. “We were alerted in August by women who, going to their notary back from abroad, were opposed to an end of non-reception,” says Céline Cester, president of the association. Rainbow children. “The law has been promulgated in the middle of summer, and we read everywhere that the decrees of application should be waiting, then they did not ask themselves,” explains the volunteer, who says “submerged calls” Catastrophic women with the idea of having to go through a long and tedious adoption procedure, whereas they thought they would benefit from the new filiation regime.
Bénédicte, 35 years old, fortunately had the case by reading social networks the publications of the association. This mother of a 2-year-old daughter is pleased with not having to go back through adoption approaches, “morally difficult”. “When my wife gave birth for the first time, she had an extra family record, where only she and our child, as if I did not exist,” she remembered. Only around the first anniversary of his daughter she was “officially recognized as his mother,” she remembers.
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