COUR DE CASSATION, ADVICE N°15010 OF 22 SEPTEMBER 2104 (REQUEST N° 1470007) - ECLI:FR:CCASS:2014:AV015010

Abstract

THE COURT OF CASSATION,
Considering articles L.441-1 and following of the code of
the judicial organization and 1031-1 and following of the code
civil procedure,
Considering the request for an opinion made on June 19, 2014 by the
Avignon high court, received on
June 30, 2014, in a proceeding brought by
Mrs X ... for the purpose of full adoption of the child of
his spouse, and thus worded:
“Access to medically assisted procreation, under
form of recourse to artificial insemination with
unknown donor abroad by a couple of
women is it by nature, in so far as this
assistance is not available to him in France,
application of article L.2141-2 of the health code
public, to constitute a fraud against the law on
adoption, and in particular Articles 343 and 345-1 of
civil code, and the public health code, preventing
that the adoption of the child born of
this procreation by the biological mother's wife? "
Considering the written observations filed by the SCP
Thouin-Palat and Boucard for Mrs X ... and Mrs Y ...;
Having regard to the written observations filed by
Me Corlay for legal associations for
children and the European Adopted Agency;
On the report by Mrs Le Cotty, advisor
referendum, and the conclusions of Mr. Sarcelet, lawyer
general, heard in his oral conclusions;
IS OF THE OPINION THAT:
The use of medically assisted procreation,
in the form of artificial insemination with
anonymous donor abroad, does not prevent
pronouncement of the adoption, by the mother's wife, of
the child born of this procreation, since the
legal conditions for adoption are met and that it
is in the best interests of the child. ■