When a child is born, whether it comes from a heterosexual couple or desired by a couple made up of two women or two men, it is mandatory to proceed with its legal recognition. This process is carried out with a competent establishment, in order to create a civil status for the child, proof of a bond of filiation between him and his parents. In the case of a union established between two women, this act is called joint recognition.
What is the joint recognition of a child?
It is a specific act in the context of a homosexual couple, where one of the two partners (the mother or the father) is the biological parent while the other wishes recognition as the legal parent. Joint recognition is a project often present in couples of women when one of them has completed her pregnancy or when they have both appealed to PMA (medically assisted procreation). In France, the law obliges female couples to respect this recognition procedure which is generally carried out in the days following childbirth, before a civil registrar and which stipulates the presence of both parents. The civil registrar then sends the act of recognition to the Public Prosecutor in accordance with the law in force, which he has the right to invalidate in the event of irregularities and against which he can initiate legal proceedings.
There is also anticipated joint recognition in the context of a couple of two women who begin medically assisted procreation (MAP) with gamete donation. The two partners can be married, in a PACS or live in a free union and start their MAP project in France or abroad. This advance declaration is made by notarial deed. The notary warns each woman about the law and informs them about the next steps in this legal process. He then obtains the mutual consent of the two women and makes sure of their identity before formalizing the anticipated joint recognition.
The advantages of this approach at the birth of the child
Provide the child with legal stability and security
The joint recognition of a child within a female couple helps to protect his rights and interests throughout his life, because a legal filiation link is established between him and the couple. Thus, in the event of separation or death, the child is guaranteed to maintain filial contact with one of the mothers who can initiate custody proceedings and ensure his social protection. In the event of death, the procedures related to the inheritance are facilitated.
Gradually integrate the use of PMA and MAP in society
The use of PMA or medically assisted procreation with gamete donation are still very taboo subjects in our French society. Homosexual couples who wish to use it may decide not to take this step because of apprehension linked to administrative difficulties. Equating the joint recognition of a child to a traditional administrative act makes it easier to include children born in a homosexual union and their parents.
Include all children without social distinction
A mother who gives birth to a child in a parental unit made up of two women means that this child may be subject to teasing or discrimination at school or in the private sphere. Joint recognition gives him a clear identity, allowing him to feel loved and cared for like any other child.
Have shared rights between the two mothers
The joint recognition offers the possibility to the two maternal figures to opt for important decisions concerning the physical and mental well-being of the child, his health, his education, his leisure activities and everything that makes up his life as a minor.
Access to benefits
It is necessary to record the joint recognition of a child so that he can benefit from social assistance in connection with various organizations related to the protection of families and health (Social Security, CAF, complementary health, etc.).