Joint recognition of a child in a female couple

Verified 12 March 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)

You are a couple of women and you have a child project? If you want to use a MPA: titleContent (or LDCS: titleContent) with gamete donation, you must first (before conception) perform an early joint recognition. You can be married, past or in a common-law relationship. Recognition is done before a notary. Joint recognition after the event is not possible. We tell you what you need to know.

Anticipated

Joint recognition concerns couples of women, whether married, in the past or in a common law relationship.

This approach allows the mother who has not given birth to have the same rights and obligations as the one who has given birth.

The couple must have decided to engage in a project ofMPA: titleContent (or LDCS: titleContent), with gamete donation.

Early recognition is done before conception of the child.

The MPA project can be completed in France or abroad.

Recognition must be made before a notary.

Joint recognition shall be done at the same time as the signature of the consent to gamete donation.

The process costs €75.46 HT: titleContent.

The act is exempt from registration fees.

The collection of consent to the donation is mandatory by notarial deed.

The couple must be present.

The notary informs the couple of the consequences of this consent on the filiation of their future child.

It is impossible to establish a relationship of filiation between the child and the donor.

The child's filiation becomes irrevocable.

Please note

It remains possible to challenge filiation if it is proved that the child is not fromMPA: titleContent (or LDCS: titleContent).

The notary also informs the couple of the conditions under which the child will be able, if he wishes, to access (at his majority) information concerning the gamete donor.

It is possible to revoke consent before the implementation of the MPA (or LDC).

We have to inform in writing the doctor or the notary.

FYI  

It is not possible to revoke consent after the implementation of the MPA (or LDC).

Furthermore, consent is no longer valid if certain situations occur before the implementation of the MPA (or LDC).

These are the following situations:

  • Death of one of the 2 women
  • Application for divorce (or legal separation)
  • Signature of a divorce (or legal separation) agreement by mutual consent
  • End of the community of life.

Early joint recognition is one of the documents that must be provided to the registrar during the declaration of birth of the child.

It establishes the child's filiation to the mother who has not given birth.

Joint recognition is surrender to the registrar during the declaration of birth of the child by any of the following:

  • Mother who gave birth
  • 2from mother
  • Person responsible for declaring birth.

The registrar verifies the identity of the mothers.

It checks that joint recognition has been established by a notary.

Please note

The registrar does not have to verify that the joint recognition was done before the child was conceived. He cannot ask for proof of theMPA: titleContent (or LDCS: titleContent) with gamete donation.

Joint recognition is indicated in the birth certificate of the child.

The genuine copy joint recognition shall be retained by the civil registration authorities.

The consequences depend on the person concerned:

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For the mother who gave birth

Parentage is established by its designation in the child's birth certificate.

Recognition does not change his situation.

For the second mother

She is recognized as the mother of the child, equal rights and obligations with the mother who gave birth.

The child enters the family of his second mother (family relationship, right to inheritanceetc.).

For the gamete donor

His situation is not altered by recognition.

He has no legal link with the child.

No affiliation link cannot be established between the gamete donor (called third-party donor by law) and the child of the childMPA: titleContent (or LDCS: titleContent).

The 2 mothers choose the child's name.

This can be one of the following options:

  • Name of the mother who gave birth
  • Name of the second mother
  • Names of the 2 mothers, in the order desired by the 2 mothers.

In the absence of choice, the child takes a double name, composed of the names of his two mothers joined by alphabetical order.

If joint recognition is not delivered to theregistrar at the time of the declaration of birth, it may be later delivery by any of the following:

  • Legal representative of the minor child
  • Major child
  • Anyone with an interest in acting.

In this case, the recognition will be indicated on the sidelines of the birth certificate of the child, after the intervention of the public prosecutor.

The public prosecutor of the court in whose jurisdiction the child's birth certificate was drawn up must be contacted.

The request should preferably be sent by post RAR: titleContent.

The woman who, after consenting to theMPA: titleContent (or LDCS: titleContent), opposes the surrender of joint recognition to the registrar engages its responsibility.

It can be sued.

In the absence of early joint recognition, a woman who has not given birth is not recognized as the mother of the child, on an equal footing with the mother who has given birth.

You have to go to the court of law of the domicile of the person being prosecuted.

The use of a lawyer is mandatory.

A posteriori

Joint recognition after the event is no longer possible since 4 august 2024.

But one adoption procedure may allow, under strict conditionsto establish a subsequent filiation relationship between the child and the woman who has not given birth.

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