ADVICE OF COUR DE CASSATION RELATIVE TO ADOPTION BY THE WIFE OF THE MOTHER OF A CHILD CONCEIVED ABROAD BY ARTIFICIAL INSEMINATION

Abstract

By two long expected advisory notices published on
22 September 2014, the Appeal Court had to decide on
the issue of knowing whether the use of medically assisted
procreation abroad by a couple of women constitutes
fraud in relation to the law which obstructs adoption by
the wife of the mother.
Setting aside the solution based on fraud, the senior
magistrates replied that “the use of medically assisted procreation, in the form of artificial insemination with an
anonymous donor abroad, does not constitute an obstacle
to the pronouncing of adoption by the wife of the mother
of the child born of this procreation, so long as the legal
conditions for adoption are fulfilled and it complies with
the child’s interests”.