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Ludovine de la Rochère: "The bill for a European certificate of filiation would lead to a generalization of GPA"

2022-12-23T09:24:38.334Z


FIGAROVOX/TRIBUNE - On December 7, the European Commission proposed a regulation to recognize parentage across the whole of the EU. The president of the Manif pour tous sees it as an attack on our sovereignty and a further step towards the establishment of a European market for children.


Ludovine de la Rochère is president of the Manif pour tous.

On December 7, the European Commission proposed a draft regulation on parenthood.

Despite its major political and societal implications, it went almost unnoticed in the media due to its legal complexity.

As stated in the explanatory memorandum, the aim is to implement the European Union Strategy for equal treatment of LGBTIQ+ people, by harmonizing at European Union level the rules of private international law relating to parentage, in particular by creating a "European certificate of parentage".

Clearly, this project concerns couples of women and couples of men who have had children using assisted procreation with a third-party donor or surrogacy (GPA).

This project was announced by Ursula von der Leyen, President of the European Commission, on the grounds of ensuring freedom of movement and residence throughout Europe for the children concerned, in accordance with Article 45 of the Charter of Fundamental Rights of the European Union.

In fact, European Union law already requires Member States to recognize parentage established in another Member State with regard to rights deriving from European Union law, in particular the said freedom of movement and establishment in any country of the Union, which includes equal treatment and the absence of obstacles in areas such as name recognition.

This draft regulation goes beyond this, by providing for the obligation of the Member States to recognize parentage also with regard to other areas, those which come under domestic law.

This project goes against the best interests of the child, which implies not knowingly depriving him of a father or voluntarily separating him from his mother forever, nor making him the subject of a contract, commercial or not.

Ludovine de La Rochere

The text nevertheless dares to indicate: “

the proposal does not affect the competence of the Member States to adopt substantive rules of family law such as rules on the definition of family or rules on the establishment of parenthood in domestic situations

”.

In reality, a French citizen, for example, could order a child from a surrogate mother in Portugal or any other country that has legalized surrogacy, then have a European certificate of filiation drawn up locally, which would then be required in France, including included in our domestic law.

With the European certificate of filiation, this project would thus create a kind of bis civil status which would prevail over that of the Member States.

This obviously goes against the TFEU (Treaty on the Functioning of the European Union).

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Moreover, this text repeatedly indicates that it is a question, in accordance with the International Convention on the Rights of the Child, of taking "

the best interests of the child as a primary consideration

". consists of

de facto

recognizing fatherless assisted reproduction and surrogacy throughout the Union, this project goes against the best interests of the child, which implies not knowingly depriving him of a father or voluntarily separating him of his mother forever, nor to make him the object of a contract, commercial or not.

This text even goes against article 7 of the International Convention on the Rights of the Child, which stipulates that children "have the right, as far as possible, to know their parents and to be brought up by them".

By fulfilling the wishes of all those who plan to order a child to be officially recognized by their countries as parents, this European certificate of parentage would contribute to the considerable development of the procreation market.

This means, alas, that the number of women exploited as surrogate mothers to produce children for third parties would probably grow very significantly.

Surrogacy is a form of slavery, and it generates international human trafficking, as evidenced by the very purpose of this project.

Ludovine de La Rochere

The European Union would therefore bear the tragic responsibility of leading women to be reduced to their reproductive functions, to be exploited because they are women and because they are economically or socially vulnerable.

By doing so, the European Union would also go against human rights such as the conventions on the fight against violence against women and against trafficking in persons, international texts which it is supposed to respect with the greatest scruples.

It must obviously be recalled once again: according to Article 1 of the Convention on slavery, slavery “

is the state or condition of an individual over which the attributes of the right of ownership or certain rights are exercised. 'between them

'.

Surrogacy is therefore a form of slavery, and it generates international trafficking in human beings, as evidenced by the very purpose of this project.

Europe must urgently abandon this draft regulation and European certificate of filiation and, on the

contrary

, commit to bringing together all the States, from Europe and from all the continents, with a view to the international abolition of surrogacy. .

Source: lefigaro

All news articles on 2022-12-23

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