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.

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.

Who can help me?

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