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  Parliament gives green light to a reform of filiation
Parliament gives green light to a reform of filiation
After the Senate, the Assembly ratified the order of 4 July 2005, which abandons the notions of legitimacy and natural, and provides that the mother will be established by the designation of the mother in the birth of the child , whether married or not, without having to make the process of recognition.

The UMP, the NC (partner of the UMP) and the GDR (Communists and Greens) have voted for, the PS has not itself "not reassured" on a number of issues.

The draft law for ratification of this order had been presented by the Council of Ministers in September 2005 and adopted in the Senate only in January 2008.

Members have adopted the line, leading to final adoption.

It "establishes the principle of equality among all children, whether born to couples married or not," said in a preamble to the Secretary of State for Solidarity Valérie Létard, while reiterating that "births outside marriage-now more than half of all births.

Other inovation "the ratification of this order is an opportunity to correct an anomaly introduced into the civil code. Indeed, it has inadvertently removed any possibility of change of surname of children born before 1 January 2005," writes Rapporteur Gilles Bourdouleix UMP.

"This bill will (...) the application of Article 311-23 of the Civil Code to all parents, regardless of the date of birth of their child," added the rapporteur.

This applies especially to parents who want to replace the surname of the father on behalf of the mother (in case of belated recognition by the father) or those who want to attach their two names after the first name of their child, in the order of their choice.

The parliamentarians also decided to allow the husband, including the presumption of paternity has been ruled out, to acknowledge the child, rather than take legal action.

Regarding conflicts of descent, when the birth is at odds with prenatal paternal recognition, the text sets a "respectful of the presumption of paternity of the husband."

Thus, the officer should "bear in the act of birth information provided by the person who said the birth and notify the prosecutor, to seize the high court to to settle this conflict of parentage. "

On the issue of confinement in X, also a provision introduced by Senators should allow a child born under X to search maternity. So far only the investigation of paternity is possible in this case.

This is to comply with European legislation, without affecting the delivery of secrecy under X.

"Discrimination disappears in legal research, but motherhood has little chance of success if the mother decides to maintain the secrecy of her confinement", stressed the rapporteur UMP in the Senate, Henri de Richemont.

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