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The state could take control of the adoption



While the parliamentary course of the bioethics law does not end, it is another text of societal scope that the LREM majority of the National Assembly wishes to have this one adopted, as quickly as possible. The bill intended to “Facilitate and secure adoption in accordance with the best interests of the child”, filed by Monique Limon (LREM) arrives this Monday, November 23 before the law committee of the Assembly. It will be examined under the urgent procedure.

This text proposes to “Deringardiser”, adoption, explains the rapporteur, thanks to a wide variety of measures, the most emblematic of which is the opening up of adoption to unmarried couples. Until now, only one of the partners could adopt the child, the other being obliged to recognize it a posteriori. However, this flagship measure could be overshadowed, during the debates, by another, more discreet but otherwise more thorny.

Article 13 of the text deals with the issue of child abandonment. Today, a woman can give birth under X, or recognize her child and then either entrust it with a view to placing it with Social Assistance for Children (ASE), or hand it over to an association with a view to an adoption. This choice is rare: only about fifteen children each year are adopted in this way, and only two active associations remain: the French adoptive family – which was founded in 1946 to accommodate orphans from the SNCF – and Emmanuel SOS adoption, which over the years has helped 2,000 disabled children abandoned at birth to find families.

The children will be entrusted to Social Assistance for Children

From now on, this will no longer be possible. Biological parents will no longer be able to abandon their child under the age of 2 with a view to adoption: they will have to entrust him to the Social Assistance for Children (ASE) for placement. It is up to the latter to then decide whether the child should be adopted, placed in foster care or in a home.

→ PORTRAIT. The dented route of a placed child

Concretely, biological parents will no longer have the certainty that their child will one day grow up in a family, “Even though this is fundamental for them”, explains Marie-Christine Le Boursicot, honorary magistrate. From the point of view of the promoters of the text, proceeding in this way will allow each abandoned newborn to obtain “The status of ward of the State which is more protective than the simple guardianship of children who do not go through the ASE”, justifies the rapporteur, Monique Limon.

Experts denounce an obstacle to fundamental freedoms

Several experts, signatories of a White Paper given to elected officials, denounce an obstacle to fundamental freedoms. According to them, such a system will be good neither for the child – whose adoption by the State cannot guarantee – nor for the biological parents: “ Over the years, the State has sought to make positive the gesture of the mother who entrusts her child, explains Marie-Christine Le Boursicot. She was invited not to give birth under X, to leave her name, etc. From now on, she will abandon her child to the State, which will decide on her future. “ Damien O’Neill, president of the French adoptive family, denounces a measure “Which places the decision of the ASE above that of the parents”.

In turn, this measure will also endanger the two bodies authorized for adoption in France. “If we are taken away from this official title, then we may no longer be able to help ASE, as we are doing today, to find parents for children with disabilities”, warns Jean Alingrin, founder of Emmanuel SOS adoption. A paradox, while Monique Limon greets the “Remarkable work” from the Association.

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