The text provides that it will be possible to include in the act of a lifeless child the first name (s) of the child, as well as a name which can be either the name of the father or the name of the mother, either their two names side by side.
The Parliament adopted this Friday a bill of symbolic value to allow giving a surname to children born without life, after a vote of the Assembly in the consensus.
“The child born without life is not nothing. It belongs to the family” and it is a question of “not adding oblivion to the unbearable tragedy”, underlined with gravity in the hemicycle the minister of Justice Eric Dupond-Moretti.
Already adopted in June in the Senate, Anne-Catherine Loisier’s bill (Centrist Union) was taken up at the Palais Bourbon in a niche of the UDI group. The text provides that it will be possible to include in the act of a lifeless child, “at the request of the father and mother, the first name (s) of the child, as well as a name which can be either the surname of the father, either the name of the mother, or their two names side by side “. It specifies that this registration cannot have “any legal effect”, in order to expressly rule out any possible effect in matters of filiation and inheritance.
Act of a lifeless child
The measure comes to complete the symbolic recognition of the child who is not born alive (formerly called “stillborn”) or viable, for which the parents can request since 1993 the establishment of an act of lifeless child. , entered in the death register. A circular recognized parents in 2009 the right to choose one or more first names for this child. On the other hand, according to this circular, “no family name can be conferred on him”.
The bill could apply to children born without life in the past: “the documents already drawn up can be completed” with a family name, said the Minister of Justice. In addition, a decree will soon provide that “at the request of the parents, the family record book will be completed”.
The centrist proposal comes to bring “a human response to all families”, welcomed the rapporteur Béatrice Descamps (UDI).
The debate on the use of the words “father” and “mother” was invited into the parliamentary debate, first quite strongly during the examination of the text in the Senate and then in the Law Committee of the National Assembly. Preferring the more “neutral” term of parents, the PS had announced that it wanted to table an amendment in session to return to the drafting of the Senate “which does not take into account the diversity of families, and in particular excludes homoparental families”. In the end, it did not.