During the first reading of the bioethics bill on Thursday, the Senate rewrote the article establishing a new mode of parentage for the children of female couples, consequence of the opening of the PMA.
The National Assembly will, however, have the final say. The government wants these couples to go through an early recognition of the child before a notary, as can heterosexual couples who are not married. The woman who did not carry the baby will thus be recognized as one of the two parents, on an equal footing with her partner who gives birth.
"The two women will be mothers at the same time"
The Senate adopted a very technical amendment by Senator LR Sophie Primas, which proposes to establish the parentage of the intended mother, the one who did not give birth, by way of adoption, accompanied by a whole lot of guarantees. The amendment was adopted with the votes of the great majority of the LR group, two-thirds of the centrists and half of the Independent group. The CRCE group with a communist majority and almost all of the PS, LREM and RDSE groups with a radical majority voted against.
"We must not upset the general system of parentage," argued the leader of the senators LR Bruno Retailleau, accusing the government of making a choice not "legal", but "ideological". "You are clearing the way for surrogacy tomorrow," he added. The Keeper of the Seals Nicole Belloubet defended the government mechanism which "made the choice of equality, between the two mothers ab initio". "Joint recognition will make the two women mothers at the same time."
Donor must give consent at time of request
The Senate also restricted the right of access to their origins of children born from a donation of gametes, by providing for the donor the possibility of refusing access to his identity at the time of the request. The senators have rewritten the article of the bioethics bill, examined at first reading, which removes the anonymity of gamete donors (sperm and oocytes). The text resulting from the Assembly provided for people born of an LDC with donation of gametes or embryos a right to access, at their majority, data called "non-identifying" (age, physical characteristics ...), but also to the identity of the donor (or of the donor).
The senators distinguished access to "non-identifying data", irrevocably accepted by future donors prior to donation, as well as access to the identity of donors which should be the subject of consent from the donor to time of the access request. The Senate has also provided that former donors, who are under the current regime of anonymity, can be contacted and questioned about their willingness or not to disclose their personal information.
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- Law Project
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