Can a child have two biological mothers? The Court of Appeal of Montpellier must decide on Wednesday.

This is the story of a straight couple, a couple of women. And a puzzle for justice, whose decision is eagerly awaited.

Bernard * and Marie *, united since 1999, become Claire * and Marie in 2011. The change of sex, assumed and accepted by the couple, is recognized by the courts, two years before the adoption of the law on marriage for all . The tribunal de grande instance of Montpellier takes "irreversibly" note of the membership of Claire "to the female sex, without any operation of sexual reassignment was neither required nor practiced," says Midi Libre .

They refuse adoption

In 2014, Claire and Marie give birth to a child, conceived biologically, and claim to be recognized as his biological mother, both. They refuse that Claire adopts the child who spent nine months in the womb of Mary, a solution used by many women couples.

After their passage in front of the notary and a transcription by the civil status, the prosecutor of Montpellier seizes the justice to oppose the request of the couple.

On July 22, 2016, the Criminal Court of Montpellier follows the prosecution, saying that "by the act of male procreation she claims" , Claire " has chosen to unilaterally return to the fact that it is now recognized as a female, and must bear the consequences . "

For the child's lawyer, "Claire is the father" in this couple of women

The women's couple appealed and two and a half years later, the justice still has not made its decision. A ruling in principle is expected, this Wednesday, November 14, but the deliberation of the Court of Appeal could be extended.

Claire and Marie do not speak and their lawyers reserve their statements in court.

As for the child, he is defended by a lawyer seized by the Udaf de l'Herault (Departmental Union of Family Associations). According to Mr. Pierre Paliès, "it is undeniable that this couple is composed of two women, and there is no question of going back on it" . But the lawyer also states that "Claire is the father of the child" and that "it is the only legal logical position" .

Questioned by Le Figaro , Me Paliès adds that "it is a sperm of Mrs. who fertilized an egg of his wife" .

The child's lawyer understands that Claire and Marie's approach is "non-militant" but that they have the "desire that their cause be heard" . The couple, who has two sons, born before Bernard's sex change, is hoping for a legal alignment for his three children.

* First names