The court in Versailles, near Paris, has twice ruled that the spouses of women who had babies by MPA could not be declared their other parent, according to lawyer Caroline Mecary.
It did so on the grounds that the MAP procedure is not legal in France and had been carried out in Belgium.
“My clients’ first reaction was anger, because the high court of Versailles just doesn’t care about their daughter’s best interests,” Mecary told RFI, adding that she will appeal against the judgement and take it to the European Court of Human Rights if necesary.
“This verdict is in complete violation of the Convention on the Rights of the Child and the European Convention on Human Rights,” she said.
Two gay rights groups have also slammed the verdict.
“It’s not illegal for French citizens to travel to Europe and to go abroad for medical procedures that are not authorised in France,” Mecary insisted. “Many courts have already allowed the adoption of the spouse’s child in similar cases. The analysis made by the court of Versailles is extremely restrictive and also quite questionable under the French law.”
Faced with massive demonstrations against gay marriage, the Socialist government opposed attempts to authorise MAP as part of the legislation but left the door open to debating the question at a later date.