Childbirth under X

In French Right, the Accouchement under X indicates the possibility for a mother of not giving her identity during the childbirth. Concretely, that means that the child is entrusted to the adoption and will be able moreover to never know the identity of his/her biological mother.

The mother can however leave her name in a sealed envelope, whose contents could be communicated with the child with his majority if it makes the request of it.

The motivations for the childbirth can be varied (material impossibility to deal with the child, newborn except marriage…).

History

The rule MATER semper certa is was not received by the French right. There exists in France an old tradition of abandonment organized new-born children. One can make go up this practice at the time of Saint Vincent of Paul who introduced the use of the turn, left swivel placed in the wall an old people's home. The mother deposited the child there then sounded a bell. With this signal on other side of the wall, somebody made rock the turn and collected the infant. By creating the work of the Children found in 1638, holy Vincent of Paul aimed to fight against the child murders, the abortions or the exposures.

The taking into account of the childbirth in the secret abandonment is the work of the Revolution. In 1793, Convention voted for the following text:

“It will be provided by the Nation for the expenses with gésine with the mother and all its needs during time for its stay which will last until she is perfectly restored of its layers. The inviolable secrecy will be preserved on all that relates to it. ”

The system of abandonment in the turn was removed by a law of June 27th, 1904 which founded the system of the “open office” (open day and night to leave with the woman the possibility of depositing a child without declining secretly its identity, while indicating the consequences of the abandonment to him and by proposing helps to him). The tradition of assistance to secret maternity led the Vichy government to adopt the Order in Council of September 2nd, 1941 on the protection of the birth. This one organized the anonymous childbirth and the free assumption of responsibility of the expectant mother during the month who precedes and the month who follows the childbirth in any hospital public likely to give him the care that its state comprises. This text was repealed then begun again by the decrees of November 29th, 1953 and of January 7th, 1959, before being modified in 1986 to become article 47 of the code of the family and the social security then the current article L. 222-6 of the code of the social action and the families.

Legal texts

The childbirth under X concerns two texts primarily:

; Article 57 of the Civil code French

If the father and mother of the natural child, or one of them, are not indicated with the officer of the civil statue, it will be made on the registers no mention on this subject.

the first names of the child are chosen by his father and mother. The woman who asked for the secrecy of her identity during the childbirth can make known the first names which she wishes to see allotting to the child. Failing this or when the parents of this one are not known, the officer of the civil statue chooses three first names whose last holds place of family name with the child.

; L222-6 article of the Code of the social action and the families

Any woman who asks, during her childbirth, the safeguarding of the secrecy of its admission and its identity by an health care institution is informed of the legal consequences of this request and the importance for any person to know her origins and its history. It is thus invited to leave, if it accepts it, of the information on its health and that of the father, the origins of the child and the circumstances of the birth like, under closed fold, its identity. It is informed of the possibility that it has to constantly raise the secrecy of its identity and, that failing this, its identity could be communicated only under the conditions envisaged with the article L. 147-6. It is also informed that it can constantly give its identity under closed fold or supplement the information which it gave to the moment birth. The first names given to the child and, if necessary, mention owing to the fact that they were it by the mother, as well as the sex of the child and the date, the place and the hour of its birth are mentioned outside this fold. These formalities are carried out by the people aimed to the article L. 223-7 advised under the responsibility of the director of the health care institution. Failing this, they are accomplished under the responsibility of this director.

the expenses of lodging and childbirth of the women who asked, during their admission in a public corporation or deprived officially agreed, so that the secrecy of their identity be preserved, are dealt with by the service of the social security to the childhood of the department sits of the establishment.

On their request or with their agreement, the women mentioned with the first subparagraph profit from a psychological and social accompaniment on behalf of the service of the social security to childhood.

For the application of the first two subparagraphs, no paper identity is required and it is proceeded to no investigation.

the expenses of lodging and childbirth in a public corporation or private officially agreed of the women who, without asking for the secrecy of their identity, entrust their child for adoption are also dealt with by the service of the social security to the childhood of the department, sits of the establishment.

Seek parents

With his majority, the child can legally have access to the information left by his parents.

In 2002, Ségolène Royal created the National council for the access at the personal origins (Cnaop), in order to facilitate the research of the parents. This organization makes it possible to make the plug between the child and the mother: if the child contacts the mother directly, that could occur in a difficult way and involve a rejection; the intervention of a neutral organization could facilitate the creation of bonds.

As of her taking of, Christian Jacob, deputy secretary with the family of the Raffarin government, dislocate her functions the president named by Ségolène Royal, Pierre Verdier, actor very committed in the fight for the right to knowledge of the origins, and name a presidency rather favorable to the maintenance of the secrecy.

Concretely, in 2005, the action of Cnaop is discussed.

More generally, the procedure of the childbirth under X was always criticized by the paternal movements which require either the suppression of it, or installation. They suggest for example that obligation is made with the mother indicate the identity of the father, who would be obligatorily consulted before any decision making. The procedure is indeed clearly discriminatory against the fathers, since it can be held without their assent.

April 7th, 2006, after a legal circular of five years and contradictory decisions, Philippe Peter, father of a young boy that he had recognized into 2000 before the birth, but whose mother had been confined under X without informing some, profited from a favorable decision of the Court of appeal. This one recognizes the right to him to exert its paternity fully, and cancels the plenary adoption marked by the Court of Appeal of Nancy. This decision should make jurisprudence and prevent from now on certain mothers from exerting a right to veto against the father when this one wishes indeed to raise the child. Finally, the adoptive family of the child and the biological father Philippe Peter managed an agreement: the adoptive parents continue to raise the child, who is adopted with a simple and nonplenary adoption. The biological father thus keeps a legal bond with his son. Moreover, Philippe Peter keeps the contact with his son. The good sense carried it between people of good will.

A " under X" with the masculine?

The procedure clearly represents, after the IVG, a second possibility for the potential mothers of giving up the responsibility for a child whereas the pregnancy is already committed, and can thus be interpreted like a female privilege. This is why the lawyer Marcela Iacub proposes a parallel procedure concerning the potential fathers: informed of the pregnancy of his partner, if this one wishes to carry out it in the long term whereas does not wish a child to him, the father could by a document writes to give up any responsibility concerning the child being born, and being then automatically protected against a procedure from affiliation.

See too

Misandrie

External bonds

Coordination of the actions for the right to knowledge of the origins
X in anger
Of the photographs of the Parisian gathering of February 11th, 2007

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