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Laws

FRANCE

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Asylum / Refugees
  Civil Unions
Custody of Children
Discrimination
Fostering Children
Gender Identity
Harassment
Hate Crimes
  HIV/Aids
Homosexuality
Immigration
Inheritance
In Vitro Fertilisation (IVF)
Marriage
Military
  Partners
Parenting
Property
Sodomy
Transgender, Transsexual
Violence
Wrongful Death

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Age of Consent Legislation/Cases/References
1.

National

The age of consent for consensual sex between male couples is 15 years [R1.1].

R1.1 Sydney Star Observer: "The Age of Consent and Gay Men in New South Wales" 28 MAR 02 page 7
Assisted Reproduction Technology
Artificial Insemination, In Vitro Fertilisation, Surrogacy
Legislation/Cases/References
1.

National

On 15 November 1999, the law of the Pact Civil de Solidarite was enacted but the law does not grant equality in the areas of medically assisted procreation [R1.1].

R1.1 Capital Q: Partners Law Takes Effect 26 NOV 99
Asylum, Immigration, Refugees Legislation/Cases/References
1.

Asylum, Refugees

A relatively new addition to the list of provisions enshrined in the 1951 UN Convention that entitles a person to apply for refugee status, "sexual orientation" owes its inclusion to a growing understanding in a handful of countries that lesbians and gays constitute a distinct social group. This article has been invoked to grant asylum to lesbians and gay men in France [R1.1].


In May 1998, an Algerian transsexual was given refugee status by the French government [R1.2].

R1.1 Beirut Daily Star: For Some Young Lebanese Staying Means 'Life Will be Over' 12 OCT 01
Brother Sister: French Give Asylum 06 FEB 97
R1.2 Melbourne Star Observer: France Grants Asylum to Algerian Trany 22 MAY 98
Civil Unions, Partners: Domestic, Registered Legislation/Cases/References
See also: [INHERITANCE], [MARRIAGE], [PROPERTY]
1.

National

On 15 November 1999, the law of the Pact Civil de Solidarite took effect, enacting a form of registered partnership recognising the union between two people of the same sex or the opposite sex.

The law grants same and opposite-sex registered couples spousal rights in areas such as income tax, inheritance, housing, immigration, health benefits, job transfers, synchronised vacation time, responsibility for debts, and social welfare.

It does not grant equality in the areas of parental rights, adoption or medically assisted procreation and a joint tax return cannot be filed for three years [R1.1].


In January 2010, Ministers announced that British civil partnerships are recognised as equal to PACs, and reimbursements will be made to individuals who have made undue tax payments since August 2007 [R1.2].

On 29 April 2009, the National Assembly approved of the measure to have foreign civil partnerships recognised in France as PACS. President Nicolas Sarkozy has 15 days to "promulgate" the measure into law after the Senate passed it last month [R1.3].

Previously:

In March 2009, the National Assembly was to consider recognising British civil partnerships [R1.4].

In August 2008, French authorities refused to recognise a UK civil partnership, resulting in the surviving partner being liable to pay 60% inheritance tax on property purchased together [R1.5].

In November 1999, the first officially recognised unions of same-sex couples in France were expected to be registered before the end of the month [R1.6].

On 13 October 1999, French legislators adopted the Civil Solidarity Pact bill, approving the law by a vote of 315-249 [R1.7].

In October 1999, the parliament was expected to soon vote in favour of the Civil Solidarity Pact bill [R1.8] .

In June 1999, the right-dominated Senate used stalling tactics to force the postponement of the Civil Solidarity Pact bill [R1.9].

In December 1998, the National Assembly passed the Civil Solidarity Pact (PACS) bill to improve the lot of gay and non-married couples despite strong right-wing opposition. The bill, passed by 316 votes to 249 [R1.10].

In September 1998, the Government said the "Civil Solidarity Pact" would be presented to the National Assembly in October [R1.11].

In May 1998, about 12,000 of France's 36,000 mayors have signed a petition opposing legislation that would let same-sex couples register their relationships at city halls and receive many of the benefits of marriage [R1.12].

In April 1998, France's Justice Minister Elisabeth Guigou said the government would go ahead with plans to allow same-sex couples the same legal benefits as straight couples [R1.13].

In February 1997, France's Socialist Party introduced a domestic partnership bill in the National Assembly [R1.14].

R1.1 Capital Q: Partners Law Takes Effect 26 NOV 99
R1.2 Ukgaynews.org.uk: MEP Celebrates Victory in Equal Tax Rights for British Gay Couples Living in France 03 FEB 10
R1.3 PinkNews.co.uk: French National Assembly approves recognising foreign civil partnerships 29 APR 09
R1.4 PinkNews.co.uk: French Senate votes to recognise British civil partnerships 26 MAR 09
R1.5 PinkNews.co.uk: Man Forced to Sell Flat After French Refuse to Recognise Civil Partnership 07 AUG 08
R1.6 The Guardian: New Status in Days for Gay Couples 12 NOV 99
R1.7 Associated Press: French OK Rights for Unwed Couples 13 OCT 99
R1.8 BBC Online News: France Poised for 'Gay Marriage' Bill 13 OCT 99
R1.9 Associated Press: French Unwed Couples Vote Put Off 30 JUN 99
R1.10 Reuters: French Assembly Passes Gay Couples Bill 08 DEC 98
R1.11 Capital Q: French Partnership Law on Deck 11 SEP 98
R1.12 Melbourne Star Observer: French Mayors Oppose Partners Measure 01 MAY 98
R1.13 Sydney Star Observer: Marriage 'Not Possible' 30 APR 98
R1.14 Melbourne Star Observer: Partnership Bill Introduced 14 FEB 97
Discrimination Legislation/Cases/References
See also: [HARASSMENT]
1.

National

In August 2008, it was reported that the creation of a new French database, EDVIGE, would include details of sexual orientation and health, in particular HIV status [R1.1].

In 1985, discrimination in employment on the basis of sexual orientation became unlawful [R1.2].

R1.1 PinkNews.co.uk" French Gays Concerned About New Database That Records Sexual Orientation 01 AUG 08
R1.2 ILGA: State-Sponsored Homophobia MAY 08
Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/References
1.

National

On 10 February 2010, France became the first country in the world to declassify transgenderism as a mental illness, a government decree confirmed [R1.1].

2.

Courts & Tribunals

On 25 March 1992, in B. v. France, No. 232C, the European Court of Human Rights required France to rectify post-operative transsexuals' official documents to conform with their apparent sex [R2.1].

R1.1 PinkNews.co.uk: France de-lists transgenderism as a mental illness 15 FEB 09
R2.1 IGLHRC: Act Now to Defend Transgender Rights in Proposed Law 07 DEC 01
Hate Crimes Legislation/Cases/References
1.

National

In 2004, the French Government passed a law banning insults based on sexism and homophobia [R1.1], allowing French courts to hand down a fine of €45,000 (£30,000) and up to 12 months in prison for "defamation or incitement to discrimination, hatred or violence on the grounds of a person's sex or sexual orientation" [R1.2]

R1.1 MCV: Law Bans Insults Based on Sexism and Homophobia 09 JUL 04
R1.2 The Guardian: Jail sentence for sexist insults under new French law 24 JUN 04
Homosexuality, Sodomy Legislation/Cases/References
1.

National

The first French Revolution abolished the religious courts and the subsequent Penal Code of 1791 made no mention of sexual relations between consenting adults in private. This policy on private sexual conduct was kept in the Napoleonic Code of 1810 [R1].

R1 ILGA: State-Sponsored Homophobia PDF 382.87kb, MAY 08
Inheritance Legislation/Cases/References
1.

State

In August 2008, French authorities refused to recognise a UK civil partnership, resulting in the surviving partner being liable to pay 60% inheritance tax on property purchased together [R1.1].

R1.1 PinkNews.co.uk: Man Forced to Sell Flat After French Refuse to Recognise Civil Partnership 07 AUG 08
Marriage Legislation/Cases/References
1.

National

Article 144 of the civil code does not stipulate that marriage is prohibited between people of the same sex [R1.1].

But Article 75 of the code lays down that during the marriage ceremony the presiding officer "shall receive from each party, one after the other, the declaration that they wish to take each other as man and wife."

Article 175-1 says the state prosecutor can register opposition to a marriage before it takes place or demand that it be declared void retrospectively.

Article 12 of the European Convention on Human Rights lays down that "from the legal age of marriage men and women have the right to marry and found a family in accordance with national laws governing the exercise of this right.".

Court judgments in 1986 and 1990 have interpreted this article as referring to two people of different biological sexes.


In June 2004, draft legislation was introduced to Parliament to legalise same-sex marriage [R1.2].

2.

Courts & Tribunals

In March 2007, France's highest appeals court rejected an appeal by Stephane Charpin and Bertrang Chapentier to have their marriage recognised, thus making gay marriage illegal in the country. The court also ordered that the marriage be annuled [R2.1].

Previously:

In April 2005, an appeals court in the southwestern French city of Bordeaux confirmed the annulment of the country's first-ever gay marriage which was celebrated in a municipal office last June [R2.2].

In July 2004, a Bordeaux court declared France's first gay marriage null and void [R2.3].

R1.1 Agence France-Presse: French Gay Marriage Plan Revives Debate on Homosexual Rights 24 APR 04
R1.2 MCV: Gay Euro-Visions 18 JUN 04
R2.1 MCV: Swedish Church Approves Gay Marriage 22 MAR 07
R2.2 Herald Sun: Court Annuls First Gay Marriage 20 APR 05
R2.3 The Age: Court Throws Out First Gay Marriage 29 JUL 04
Military Legislation/Cases/References
1.

National

In May 2000, France's armed forces reportedly accept avowed homosexuals into its ranks provided they do not attempt to convert others [R1.1].

R1.1 Reuters: French Armed Forces Will Accept Homosexuals 04 MAY 00
Parenting: Adoption, Fostering Legislation/Cases/References
1.

National

On 15 November 1999, the law of the Pact Civil de Solidarite was enacted but it does not grant equality in the areas of parental rights or adoption [R1.1].

2.

Courts & Tribunals

In November 2007, an administrative tribunal in the eastern town of Besancon reportedly granted a lesbian couple the right to jointly adopt a child after they had been turned down by regional authorities [R2.1].

Previously:

In December 2000, a French appeals court in Nancy rejected the Besancon administrative tribunal's ruling and the advice of its own commissioner to deny an adoption to a partnered lesbian [R2.2].

The court's commissioner testified that as a teacher the lesbian was capable of raising a child, and the tribunal in Besancon had ordered the adoption based on its belief that her relationship is a stable one [R2.2].


In 2006, the the Cour de Cassation court ruled that both members of a gay couple have parental authority over a child, where previously only the biological parent had authority [R2.3].

"The civil code is not opposed to a mother, as sole holder of the parental authority, delegating all or part of the duties to the woman with whom she lives in a stable and continuous union," the Cour de Cassation court wrote in its ruling. The decision of the court, which interprets French law but does not hear trials, also applies to gay male couples when one partner is a biological father.

R1.1 Capital Q: Partners Law Takes Effect 26 NOV 99
R2.1 PinkNews.co.uk: French lesbian couple win 11–year battle to adopt 10 NOV 09
R2.2 Planet Out: French Court Denies Adoption 21 DEC 00
R2.3 Melbourne Star: French Letter of the Law 02 MAR 06
The Advocate: France's Highest Court Grants Equal Parental Authority to Gay Couples 25 FEB 06

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