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The Politics of Adoption: Gender and the Making of French Citizenship$
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Bruno Perreau

Print publication date: 2014

Print ISBN-13: 9780262027229

Published to MIT Press Scholarship Online: January 2015

DOI: 10.7551/mitpress/9780262027229.001.0001

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The Jurisprudential Forum

The Jurisprudential Forum

Chapter:
(p.47) 3 The Jurisprudential Forum
Source:
The Politics of Adoption: Gender and the Making of French Citizenship
Author(s):

Bruno Perreau

Deke Dusinberre

Publisher:
The MIT Press
DOI:10.7551/mitpress/9780262027229.003.0003

This chapter examines French and European jurisprudence on adoption and shows that, in the absence of any major legislative reform since 1966, the courts are being used as a forum by adoption applicants, adoptive parents, adopted children, and child welfare agencies. After having discussed the system of delegation of parental authority, Chapter 3 identifies and analyzes jurisprudential obstacles to the “simple” adoption of a partner’s biological child within a homosexual couple. It furthermore recounts the European Court of Human Rights’ recent recognition of the principle of non-discrimination when it comes to “full” adoption by single homosexuals. Finally, this third chapter explains why the irrefragable nature of full adoption was challenged in the case of an anonymously relinquished infant whose biological father had made an antenatal statement of paternity.

Keywords:   European Court of Human Rights, Administrative jurisprudence in France, Constitutionality, Discrimination, Parental authority, Foster care, Anonymously relinquished infants’ legal status

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