Couples of women, single women and LDCs: the tracks of the Council of State

Double maternal filiation, reimbursement by the Secu: the State Council proposes a framework in case of opening of the PMA to couples of women and to single women, without pronouncing for or against the reform.

These proposals appear in a study on the legal aspects of the next revision of the law of bioethics, ordered by the Prime Minister Edouard Philippe and made public Wednesday

A large part of the report is devoted to the possible opening of the PMA (medically badisted procreation) to all women, a subject that unleashes pbadions. The Council of State does not decide for or against but think about the legal framework of a possible reform.

"The Council of State does not take sides, it does not have to choose instead of the Parliament. But it presents all the options, that which consists in not changing anything (to the law) and that which consists in changing, "explained to the press the Vice President of the Council of State, Bruno Lbaderre.

" We Let us say to the government: behind every choice, there are chain consequences that you must take into account now, "he warns.

From the strict legal point of view," nothing forces the legislator to open women couples and single women "access to the PMA, but nothing also imposes the" status quo ", according to the report.

In support of its reasoning, the Conseil d'État stresses that "there is no right to the child" which could be used by pro-LDCs. Conversely, there is no evidence that "the best interests of the child" would necessarily be born in a heterobadual family, as the anti-LDC baderts.

Deciding whether or not to reform

If Parliament decides to allow women couples to resort to PMA, the issue of parentage will arise. The Council of State proposes to regulate it by a mechanism reserved to these couples.

– No to the GPA and the euthanasia –

At the time of the declaration of birth, it will be necessary to transmit to the officer d civil status an "advance joint declaration" drafted before a notary before the PMA, in order to "establish simultaneously the filiation with regard to the two members of the couple".

This solution would lead, "for the first time in French law , to radically dissociate the biological and legal foundations of the parentage, by providing for a double maternal descent, "writes the highest administrative court.

Today, when a couple of women use an LDC to the foreigner, the wife of the birth mother can adopt the child after birth

Furthermore, if the legislator decides to open the PMA to all women, the Council of State considers that it should be reimbursed by SOC security It is based on the "principle of solidarity" and emphasizes that "the financial stakes are relatively modest".

The enlargement of the PMA could lead to to a shortage of gametes, warns the Council of State. However, there is no question of renouncing the essential principles that are the free and the anonymity of sperm donation.

It is also in the name of essential principles that the body decides against the GPA (gestational surrogacy, c 'ie the use of a surrogate mother.]

Unlike the PMA, the Conseil d'État considers the GPA "frontally opposed" to "founding principles of the French bioethics model", first and foremost non-commercialization of the body

In the same way, the Council of State recommends not to modify the Claeys-Leonetti law of 2016 on the end of life, which prohibits euthanasia and badisted suicide. According to him, the priority is to guarantee better access to palliative care.