Type: Judgment

Authority: National Courts: Supreme Courts (France) - Cour de Cassation

Date: 12/19/2007

Subject: The first Civil Division of the Court of Cassation has confirmed the decision of a Court of Appeal, which had rejected the simple adoption petition presented by the biological mother’s female partner (bound by a pact of civil cohabitation), stating that the Court of Appeal had correctly justified its decision and had not violated any norm of the ECHR, since it had ascertained that the biological mother would have lost the parental authority in case of adoption, that art. 365 civil code does provide for the sharing of the parental authority only in case of adoption of the husband/wife, and that, in the present French legal system, wife and husband must be bound by a marriage.

Original language: French

Classification: Freedoms - Art. 7 Privacy

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