Jump to ContentJump to Main Navigation
The Politics of Adoption: Gender and the Making of French Citizenship$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM MIT PRESS SCHOLARSHIP ONLINE (www.mitpress.universitypressscholarship.com). (c) Copyright The MIT Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in MITSO for personal use.date: 04 August 2021

The Jurisprudential Forum

The Jurisprudential Forum

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

Bruno Perreau

Deke Dusinberre

The MIT Press

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

MIT Press Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.