To link to this article, copy this persistent link:
(Nov 15, 2012) France's Council of Ministers (Conseil des Ministres, Cabinet) approved a draft law on November 7, 2012, that legalizes marriage for same-sex couples. The proposal gives such couples the rights usually assigned to marriage, as well as adoption rights, be it joint adoption of a child by the two spouses or adoption of the child of the spouse by his or her partner. (John Paul Regan,
The draft law permits the celebration of marriage between two persons of the same sex resident in
The draft lays down numerous provisions on compliance with various other regulations. When strictly necessary, the words "father" and "mother" are to be replaced by the word "parent" and the words "husband and wife" by the word "spouse," but these changes are not systematic. (
Reportedly, this change might affect some 382 parts of the French Civil Code that mostly concern torts and family law. For example, article 56 of Book I states: "[t]he birth of a child shall be declared by the father, or, in absence of the father, by the doctors of medicine or surgery, … or other persons present at the delivery; and, where the mother has given birth outside her domicile, by the person at whose place she has given birth." (Waldman, supra.) The word "parent" would replace "father" and "mother" in the article, making it possible for "a mother—insofar as she is also a parent—[to] legally declare the birth of her own child." (
The change would not affect civil status acts and the family register, however, whose form is not governed by the law. For such acts, as well as in the family register, the terms "father and mother" will continue to be used, as long as the partners are of different sexes. (Mariage des couples de personnes de même sexe, supra.)
French President Francois Hollande has promoted the bill, but the issue of same-sex marriage is a controversial one in
The draft law will be submitted to the French National Assembly (
- Author: Wendy Zeldin More by this author
- Topic: Family More on this topic
- Jurisdiction: France More about this jurisdiction
Search Legal News
Find legal news by topic, country, keyword, date, or author.
Global Legal Monitor RSS
Get the Global Legal Monitor delivered to your inbox. Sign up for RSS service.
The Global Legal Monitor is an online publication from the Law Library of Congress covering legal news and developments worldwide. It is updated frequently and draws on information from the Global Legal Information Network, official national legal publications, and reliable press sources. You can find previous news by searching the GLM.
Last updated: 11/15/2012