Joint recognition of a child in a female couple
Verified 04 August 2024 - Directorate for Legal and Administrative Information (Prime Minister)
You're a couple of women and you have a plan for a child? If you want to use a MPA: titleContent (or LDCs: titleContent) with donated gametes, you must first (before conception) perform a joint recognition anticipated. You can be married, past or common-law. The recognition is done in front of a notary. Joint ex post recognition is no longer possible since August 4, 2024. We'll tell you what you need to know.
Anticipated
Joint recognition concerns female couples, whether they are married, in transit 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 mother who has given birth.
The couple must have decided to commit to a projectMPA: titleContent (or LDCs: titleContent), with donated gametes.
Early recognition is done before conception of the child.
The MPA project can be carried out in France or abroad.
Recognition must be made before a notary.
Joint recognition shall take place at the same time as the signature of the consent to the gamete donation.
The process costs €75.46 HT: titleContent.
The document shall be exempt from registration fees.
Consent to the donation must be obtained by notarial act.
The torque 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 parentage between the child and the donor.
The child's filiation becomes irrevocable.
Please note
It is still possible to to challenge parentage if it is proved that the child is not ofMPA: 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 (by his majority) information concerning the gamete donor.
It is possible to withdraw consent front the realization of theMPA: titleContent (or LDCs: titleContent).
We need to inform them in writing the doctor or notary.
FYI
It is not possible to revoke his consent after the realization of theMPA: titleContent (LDCs: titleContent).
Furthermore, consent is no longer valid if certain situations arise front the realization of theMPA: titleContent (or LDCs: titleContent).
These are:
- Death of one of the 2 women
- Application for divorce (or legal separation)
- Signing of a divorce (or legal separation) agreement by mutual consent
- End of the community of life.
Early joint recognition is part of the documentation to be provided to the registrar at the time of 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 registrar during the declaration of birth of the child by one of the following persons:
- Mother who gave birth
- 2of mother
- Person responsible for registering the birth.
The registrar checks the mothers' identities.
He checks that the joint recognition has been established by a notary.
Please note
The registrar does not have to verify that the joint recognition was made before the child was conceived. He cannot ask for proof of theMPA: titleContent (or LDCs: titleContent) with donated gametes.
Joint recognition is indicated in the birth certificate of the child.
The authentic copy joint recognition shall be retained by the civil registration authorities.
If joint recognition is not given at the time of birth registration, it may be postponement by one of the following persons:
- Legal representative of the minor child
- Adult child
- Anyone with an interest in acting.
In this case, recognition will be indicated in the margin of the child's birth certificate, after the intervention of the public prosecutor.
The consequences depend on who is affected:
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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 2nd mother
She is recognized as the mother of the child, at equal rights and obligations with the mother who gave birth.
The child enters the family of his 2of mother (relationship, inheritance right, etc.).
For the gamete donor
His situation is not changed by recognition. He has no legal connection to the child.
No parent-child relationship cannot be established between the gamete donor (called third-party donor by law) and the child ofMPA: titleContent (or LDCs: titleContent).
FYI
The two mothers choose the child's name, either the name of one of them, or the two names placed side by side (in the order they wish).
The approach depends on the situation:
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One of the women opposes the surrender of joint recognition to the registrar
The woman who, after consenting to theMPA: titleContent (or LDCs: titleContent), opposes the surrender of the joint recognition to the registrar who is responsible for it.
It can be prosecuted.
Indeed, in the absence of early joint recognition, the woman who has not given birth is not recognized as the mother of the child, on equal rights and obligations with the mother who has given birth.
You have to go to the court of the domicile of the person who is being prosecuted.
Who shall I contact
The joint recognition was not given to the registrar
If the joint recognition has not been communicated to the registrar, it is possible to ask the public prosecutor to do it.
The application may be made by one of the following persons:
- Adult child
- Representative of the minor child
- Anyone who has an interest in acting.
The public prosecutor of the court within whose jurisdiction the child's birth certificate was drawn up must be contacted.
The request should preferably be sent by post RAR: titleContent.
Who shall I contact
A posteriori
Joint ex post recognition is no longer possible since august 4, 2024.
But one adoption procedure may permit, under strict conditionsestablish a subsequent relationship of filiation between the child and the woman who has not given birth.
Joint ex-post recognition concerned couples of women, whether married, in transit or in a common-law relationship.
It was made after the child was conceived.
The agreement of the two women, even separated, was necessary.
Joint ex post recognition concerned a child born (or to be born) to a MPA: titleContent (or LDCs: titleContent) carried out under the following 3 conditions:
- Abroad
- Gamete donation
- Before August 3, 2021.
Recognition was possible regardless of the child's age.
The consequences of joint ex post recognition 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 2nd mother
She is recognized as the mother of the child, at equal rights and obligations with the mother who gave birth.
The child enters the family of his 2of mother.
For the gamete donor
His situation is not changed by recognition. He has no legal connection to the child.
No parent-child relationship can be established between the gamete donor (called third-party donor by law) and the child ofMPA: titleContent (or LDCs: titleContent).
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
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- Service free
The informants who answer you are from the Department of Justice.
- Notary
- Town Hall
Early joint recognition (Articles 342-11 to 342-13)
Joint recognition (Article 6)
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