A couple of men living in the Haut-Rhin has had legal recourse to surrogacy (surrogacy) in the United States for their son born in 2020. But the Family Allowance Fund (Caf) refuses him the birth bonus , despite a family record book in due form, relates France Bleu Alsace.
At issue: the lack of a pregnancy certificate.
The two dads have decided to take legal action.
“Asking two men for a pregnancy certificate is not kindly asked, it is contemptuous.
This forces us to talk about our homosexuality, whereas it is something that we do not want to expose ”, explains the couple on the radio.
“By this refusal, the Caf reminded us of our condition.
And it's brutal!
», Specifies the couple in
L'Alsace
.
An application of legal texts
For its part, the Caf du Haut-Rhin indicates that it has followed the recommendations of the legal texts: “Applying the legislative and regulatory texts, like all the other Cafes in the territory, the Caf du Haut-Rhin has been unable to to pay the couple the requested premium, its payment being dependent on the pregnancy certificate. Indeed, on reading [articles of the Social Security code], the services could only oppose a refusal, based on the legislation in force ”. The structure denies any discrimination and specifies that parents are entitled to the childcare service.
The case was examined on September 16 at the Mulhouse court and the deliberation will be delivered on November 15.
Seized by the couple, the defender of rights allegedly spoke of “indirect discrimination based on family status, sex and sexual orientation”.
“We have long been understanding.
We hear the fact that there is a law and that it must be respected, assure the two men.
But this law dates from the beginning of the 20th century and we are at the beginning of the 21st.
Society has changed.
"
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Mulhouse
GPA
Court
Caf