(Blogmensgo, gay blog of 12 December 2014) The Council of State has approved on 12 December 2014, the Taubira circular of January 25, 2013. This circular allows to grant French citizenship to children born of a surrogate mother abroad, although Surrogacy (ABM) remains illegal in France.
In its decision , the Council of State rejected all cancellation requests that were presented to it, including through associations and groups close to the Catholic fundamentalism or the extreme right.
The Council of State reasons for its decision that in the best interests of the child it has priority over any other consideration. The illegality of the GPA says the highest French administrative court, “can not lead to depriving the child of French nationality. This child is entitled to, since its affiliation with French is legally established abroad, under Article 18 of the Civil Code and under the control of the judicial authority.
The text of the decision points out that the European Court of Human Rights ( ECHR ) recently condemned France twice for refusing to endorse the parentage of children born through surrogacy. Hence the need to validate the Taubira circular. “The denial of French citizenship would be of a disproportionate interference with the privacy of the child, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR),” confirms the Board state.
Comment. Half win, but win anyway.
It is the victory of a Minister of open and tolerant Justice, Christiane Taubira, against his Prime Minister, Manuel Valls, born naturalized Spanish and French, which wants to impose – like an old original French President Hungarian – matter very restrictive ideas of access to French nationality.
It is also the victory of law, in particular the right to respect for private life of the child, which means including the right to family life with dignity vital.
It is also the victory a more progressive European law that the French law on family and human rights.
This is also a victory for the proponents of homophobia and social immobility can not rely on any decision of the Council of State in their favor.
The text of the December 12, 2014 is nevertheless offset by an element that the State Council twice mentions in its decision. The Council of State is certainly competent to ‘requests for annulment of ministerial circulars, “but the highest” administrative court has no jurisdiction over filiation and nationality issues. ”
In other words, it is the legislature and justice that will return the last word. The Court of Cassation – that is to say, the highest French court – for now reluctant to change the law. She refuses to take into account convictions of France by the ECHR. It also refused so far to enforce the circular Taubira until it had not been validated ultimately by the State Council. Now it’s done.
The question is whether the courts of appeal and the Supreme Court are requested to take note.