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Pma Post-Mortem: Despite the Prohibition of Practice, Ties of Filiation Recognized in Two Cases by French Justice
8 Articles
8 Articles
In the first case, the court established a link of filiation in the name of the "right to respect for the child's privacy", and in the second case, a right to inheritance, recognizing filiation.
For the first time, the court found that there was "a disproportionate infringement" of the rights of these children born to a post-mortem LDC abroad.
The Court held that the refusal, at first instance, to establish "the filiation of the child resulting from such a practice" was "in the particular case of the case, a disproportionate infringement of the right to privacy of the child".
Two French women were able to have their children's rights conceived in Spain following the death of their father recognized in the Paris Court of Appeal this Tuesday, while the practice of the post-mortem LDC is still prohibited in France.
Two French women today appear before the Paris Court of Appeal to assert the rights of children conceived in Spain after the death of the father. Forbidden in France, the practice is the subject of many debates.
On Tuesday, 14 October, the Paris Court of Appeal recognized ties of filiation in two post-mortem medically assisted procreation (ADP) cases - a technique prohibited in France - according to a press release. The court established, in the first case, a filiation in the name of the "right to respect for the child's privacy", and recognized, in the second case, a right to inheritance, recognizing in the middle of filiation. The court was to rule on…
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