Five months after the promulgation of the law on the, the High Court of Lille granted Thursday two lesbian women "plenary adoption" of two children, announced Friday the Association of parents and future parents gay and lesbian. "A huge step has finally to be crossed", is delighted the GLPA, indicating that it is the "first case of adoption of the child of the spouse in a homoparental family.
Carolina and Pascale, adherent of the Association, were married in June 'and immediately filed a motion for the adoption of the children by the non-statutory mother', explains the GLPA in a press release. Two months later, they received a positive response. The Association, which is "pleased with the speediness of this decision of justice", said through its official media, Doan Luu, that children were born after artificial insemination with unknown donor. Therefore, the identity of the father is not mentioned.The presumption of claimed kinship
"this decision a lot of impact (...). Many of our members were married and are being this query requests", informed Doan Luu Friday. For Mathieu Nocent, spokesman of the inter-LGBT (lesbian, gay, bisexual and transgender), this decision is also a big step forward: "Phew, a family is finally legally two moms and two children. This means that the marriage for all Act applies", he said. However, "Unfortunately this procedure is still random because it requires the decision of a judge and it can therefore vary from one judge to another," said Mathieu Nocent. Even reserves on the side of the AGPL, which "regrets that this first form of recognition of same-sex parented families to establish by a query at the end of a procedure in which participates the Prosecutor of the Republic and in which a social survey can be requested by the judge". The association wishes indeed that the filitation can be established within homosexual couples by a presumption of kinship. Reminder, as explained, "in a married couple, paternal filiation is established automatically: the husband is presumed to be the father of the child. '' His name is indicated in the Act of birth. However this presumption of paternity does not work for the spouse of a gay couple, same Mary.
«A moment same-sex couples meet the requirements of the Act, i.e. being married and provide proof that the child has high in a filial framework even if it is not the parent, the adoption is going to be imposed, as for heterosexual couples, said Meanwhile the lawyer Caroline Mécary, of the family law. "This is not automatic, it is a court to decide, but as for adoptions by heterosexuals," she adds.
The announcement of this decision of justice shall be the day where the Constitutional Council, the highest court in France, opposed to same-sex marriages.