The rights of the father in the case of anonymous birth

Anonymous birth (accouchement sous X) is a procedure in France that allows a mother to give birth anonymously and hand her child over to social services. The subject raises many questions for the fathers of the children concerned, particularly regarding their rights.

The principle of anonymous birth

Anonymous birth has been established in France since 1941 and allows a pregnant woman to conceal her pregnancy and give birth without revealing her identity. She can make this decision alone, from the beginning of the pregnancy or at the time of the birth. In this case, she receives medical and psychological support from authorised hospital establishments.

The objectives of anonymous birth are multiple:

Preserving the life and health of the mother and child

Protecting the mother from the social and family consequences linked to the pregnancy

Facilitating the adoption of the child

Allowing the mother to change her mind within a certain time frame

For the administrative procedures during an anonymous birth, the child is assigned a provisional name and a fictitious date of birth. No legal parentage is established with the mother. The child is then entrusted to the children's social care services (ASE) and will be placed with a view to adoption, unless the mother changes her mind within a maximum period of two months.

The consequences for fathers

However, anonymous birth poses difficulties for fathers who wish to assume their role in their child's life. In this context, their rights are often unknown or limited.

The search for paternity

Anonymous birth generally prevents the father from establishing a legal relationship with his child. However, he may bring a paternity action before the tribunal de grande instance, if he has sufficient evidence to prove that he is the child's biological father and that he was unaware of the mother's intention to give birth anonymously. This process must be initiated within 10 years of the child's birth and requires the assistance of a solicitor.

Voluntary establishment of parentage

If the father is aware of the pregnancy and wishes to establish his parentage with the child, he may make a pre-birth acknowledgement of paternity before a registrar during the period prior to the birth. Once the acknowledgement has been made, the father has rights over the child such as parental authority, custody rights, and visiting rights. However, this step does not guarantee the lifting of the anonymous birth if the mother has consented to it, as she can still oppose the disclosure of her identity.

Regarding the birth certificate, in the context of anonymous birth, the child is assigned a provisional name and a fictitious date of birth. No legal parentage is established with the mother, which poses challenges for fathers wishing to exercise their parental rights.

The role of the National Council for Access to Personal Origins (CNAOP)

For fathers affected by an anonymous birth, the National Council for Access to Personal Origins (CNAOP) is a body that can be useful in terms of information and assistance with their procedures.

Created in 2002, the CNAOP's missions include:

Informing and supporting people, whether born anonymously or not, who are seeking information about their origins

Establishing relationships between the parties concerned, where appropriate with the help of a mediator

Implementing the rights relating to anonymous birth and access to personal data collected at the time of birth

Fathers may therefore apply to the CNAOP, which will examine their request and attempt to guide them towards the appropriate steps. However, it should be noted that the CNAOP cannot intervene directly in the judicial process of paternity research or the lifting of confidentiality.

The law and proposals for the future

The French legislature is aware of the difficulties linked to anonymous birth and several legislative proposals have been put forward to reform this procedure, notably with a view to better taking into account the rights of fathers.

Among these proposals are:

The abolition of anonymous birth and its replacement by a system guaranteeing the confidentiality of the mother's identity whilst allowing the establishment of legal parentage with both the father and the child

The introduction of a period of reflection before an anonymous birth, during which the mother would be required to inform the father of her intention

The creation of a specific status for children born anonymously, in order to facilitate their access to information about their personal origins and encourage reunions between parents and children

These proposals demonstrate a willingness to reconsider the current system and find solutions that respect the rights and interests of all parties involved.