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
Estates, Wills
Defamation, Insult
Gender Identity
Harassment
Hate Crimes
  Health, Medical
HIV/Aids
Homosexuality
Immigration
Inheritance, Succession
In Vitro Fertilisation (IVF)
Marriage
  Military
Parenting
Partners
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 [R1.2].


On 28 June 2017, the government reportedly would give lesbian couples and single women access to assisted reproduction given a consesus following the National Consultative Committee on Ethics (CCNE) recommendation in favor of extending medically assisted procreation to female couples and single women [R1.1].

2.

Courts & Tribunals

On 05 July 2017, the Cour de Cassation refused a request that French authorities automatically recognise the two parents listed on the foreign birth certificate, but ruled that the father's partner could apply to adopt the child, in line with a 2013 law allowing both gay marriages and adoptions [C2.6], [C2.5], [C2.4], [C2.3], [R2.2].

On 16 April 2015, the Versailles appeals court overturned a ruling delivered by a lower court a year ago and authorized four lesbian women to adopt the children born to their wives abroad through artificial insemination. On 14 April 2015, the appeals court in the southern city of Aix-en-Provence issued a similar ruling in favor of a lesbian couple who had gone abroad to have a baby [R2.1].

R1.2 Capital Q: Partners Law Takes Effect 26 NOV 99
R1.1 ReutersUS: France to legislate on assisted reproduction: spokesman 28 JUN 17
C2.6 Judgment (in French): Mr Pierre-Jean X & Anor v. The Attorney General of the Court of Appeal of Rennes No. 827 05 JUL 17
C2.5 Judgment (in French): Mr Remy X v. The Attorney General of the Court of Appeal of Dijon No. 826 05 JUL 17
C2.4 Judgment (in French): Mr Patrice X, et al. v. The Attorney General of the Court of Appeal of Rennes et al. No. 825 05 JUL 17
C2.3 Judgment (in French): Jean-Francois X, et al. v. The Attorney General of the Court of Appeal of Rennes No. 824 05 JUL 17
R2.2 TheLocalFR 05 July 2017 French gay couples win key surrogacy battle 05 JUL 17
R2.1 U-T SanDiego: French court OKs adoption by lesbian partners 16 APR 15
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 [R1.2].


In May 1998, an Algerian transsexual was given refugee status by the French government [R1.1].

2.

Courts & Tribunals

On 08 July 2014, Conseil d'Etat (Council of State) ordered the Interior Ministry to issue a (previously denied) visa within 24 hours to allow a Senegalese man to travel to France for a wedding with his French partner due to be held Saturday in the northern town of Creil. The government was also ordered to pay compensation of 5,000 euros [R2.3].

On 28 July 2012, the Administrative Court of Paris overturned the Ministry of Interior's decision to reject the asylum claim by “Lamine”, a man who fled homophobic persecution in Senegal, finding there were several procedural errors [R2.2].

Previously:

On 25 July 2012, the judge of the Tribunal de Grande Instance in Toulouse was reported to have ordered a gay asylum seeker from Senegal to be deported to his home country despite facing death threats and imprisonment [R2.1].

R1.2 Beirut Daily Star: For Some Young Lebanese Staying Means 'Life Will be Over' 12 OCT 01
Brother Sister: French Give Asylum 06 FEB 97
R1.1 Melbourne Star Observer: France Grants Asylum to Algerian Trany 22 MAY 98
R2.3 France24: Senegalese man awarded French visa in gay marriage debate 10 JUL 14
R2.2 GayStarNews: France overturns decision to deport Senegal gay man 28 JUL 12
R2.1 GayStarNews: France to deport gay asylum seeker from Senegal 25 JUL 12
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 [R1.14].


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 [R1.13].

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 [R1.12].

Previously:

In March 2009, the National Assembly was to consider recognising British civil partnerships [R1.11.

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 [R1.10].

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 [R1.9].

On 13 October 1999, French legislators adopted the Civil Solidarity Pact bill, approving the law by a vote of 315-249 [R1.8].

In October 1999, the parliament was expected to soon vote in favour of the Civil Solidarity Pact bill [R1.7] .

In June 1999, the right-dominated Senate used stalling tactics to force the postponement of the Civil Solidarity Pact bill [R1.6].

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 [R1.5].

In September 1998, the Government said the "Civil Solidarity Pact" would be presented to the National Assembly in October [R1.4].

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 [R1.3].

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 [R1.2].

In February 1997, France's Socialist Party introduced a domestic partnership bill in the National Assembly [R1.1].

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

Courts & Tribunals

On 03 November 2016, it was reported that the Cour d'Appeal ordered Laure Pora, formerly president of the Paris branch of the AIDS Coalition to Unleash Power (ACT UP), to pay €800 to anti-LGBTI group La Manif pour tous and judicial cost of €1,500 for putting up posters showing the logo of La Manif Pour Tous as well as pictures of La Rochère with the word ''homophobe'' brandished across them [R1.2].

On 08 April 2016, an employment tribunal in Paris was reported to have ruled that calling a male hairdresser a ''faggot'' is not homophobic - ''because hair salons regularly employ gay people''. It agreed the word was insulting, but it fell short of being considered discriminatory. The employee was awarded €5,000 in damages ($5,700; £4,000) but will appeal the tribunal's decision [R1.1].

R1.2 GayStarNews: Calling a homophobe a homophobe is 'defamation', France rules 03 NOV 16
R1.1 BBCnews: Gay slur aimed at hairdresser 'not homophobic' - French ruling 08 APR 16
Discrimination Legislation/Cases/References
1.

National

On the 31 July 2012, the National Assembly adopted an amendment that adds "sexual identity" to the protected grounds of discrimination in French law [R1.5].

On 12 July 2012, the Senate unanimously voted to prohibit discrimination against transgender people by inserting the criteria “sexual identity” into Article 225-1 of the penal code, legislation that prohibits discrimination. Sexual orientation is already covered [L1.4], [R1.3].

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 [R1.2].

In 1985, discrimination in employment on the basis of sexual orientation became unlawful [R1.1].

R1.5 ILGA-Europe: France adds "sexual identity" to the protected grounds of discrimination 06 AUG 12
L1.4 Code Pénal
R1.3 GayStarNews: France outlaws transgender bigotry 13 JUL 12
R1.2 PinkNews.co.uk" French Gays Concerned About New Database That Records Sexual Orientation 01 AUG 08
R1.1 ILGA: State-Sponsored Homophobia PDF 382.87kb, MAY 08
Estates, Inheritance, Property, Succession, Wills 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].

2.

Courts & Tribunals

In July 2010, the Tribunal de Grande Instance de Bobigny ordered that a British man should be returned more than £30,000 he paid to tax authorities after inheriting a home from his civil partner. French law recognising civil partnerships as equivalent to the Pacte civil de solidarité was amended in May 2009 and backdated to 21 August 2007, prior to the death of the partner [R2.1].

R1.1 PinkNews.co.uk: Man Forced to Sell Flat After French Refuse to Recognise Civil Partnership 07 AUG 08
R2.1 PinkNews: British man wins French civil partnership tax victory 26 JUL 10
See
also
The Connexion: Beat the State from the Grave MAR 11
Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/References
1.

National

On 12 October 2016, the Praliament was reported to have voted on the 21st century justice law (La loi sur la justice au XX1eme siècle) which included provisions relating to legal gender recognition, allowing transgender citizens who have not gone through sterilisation and medicalisation to apply to the court to have their legal name and gender changed. There will be no requirement to provide proof of medical treatment. Emancipated minors (young people held competent to take important decisions on their own behalf) will also be able to access the updated procedure [R1.5].

On 12 July 2012, the Senate unanimously voted to prohibit discrimination against transgender people by inserting the criteria “sexual identity” into Article 225-1 of the penal code, legislation that prohibits discrimination. (European legislation uses the term “gender identity”) [L1.4], [R1.3].

On 30 December 2010, minister for justice Michel Mercier confirmed that the state will not recognise a change of gender identity without proof of "irreversible sterilisation" [R1.2].

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 04 April 2017, the Cour de Cassation ruled against granting 66-year old psychotherapist Gaëtan Schmitt, an intersex person born with a genital malformation, the right to be recognized by the state as being of a ''neutral'' sex. Schmitt, was registered at birth as a man but has argued he perceives his sexual identity as being neither female nor male. The Court said that the distinction between male and female was ''necessary to the social and legal organization, of which it is a cornerstone'', and that the ''recognition of a neutral gender'' would have ''deep repercussions'' on French law and would entail ''numerous legislative changes'' [C2.8], [R2.7].

On 06 April 2017, the European Court of Human Rights ruled 6-1 that the forced sterilization of three French transgender people who are seeking legal recognition of their gender identity violates their human rights [C2.6], [R2.5].

On 23 March 2016, it was reported that an appeals court in Orleans overturned a lower court decision recognising use of the term ''neutral gender'' on official documentation. The plaintiff, 64, was born with a ''rudimentary vagina'' and a ''micropenis'' but no testicles [R2.4].

On 20 August 2015, a court in Tours was reported to have granted Monsieur X, a 64-year-old born with both male and female genital attributes, the right to write 'gender neutral' on official forms. The state prosecution appealed the ruling [R2.3].

On 11 October 2010, an Appeal Court refused to recognise trans woman Delphine Ravisé–Giard as female. Ms Giard had two months to prove that her "change of sex" is "irreversible" [R2.2].

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].

R1.5 GayStarNews: France's new law allows pre-op transgender citizens to change their name and gender marker 13 OCT 16
L1.4 Code Pénal
R1.3 GayStarNews: France outlaws transgender bigotry 13 JUL 12
R1.2 PinkNews: French government accused of transgender hypocrisy 05 JAN 11
R1.1 PinkNews.co.uk: France de-lists transgenderism as a mental illness 15 FEB 09
2. Courts & Tribunals
C2.8 Judgment (in French): M.D. v. Orleans Court of Appeal No Q1617189 PDF 04 MAY 17
R2.7 TheNewYorkTimes: 'Neutral Sex' Designation Is Struck Down in France 04 MAY 17
C2.6 Judgment (in French): Affaire A.P., Garcon et Nicot c. France HTML 06 APR 17
R2.5 TheWashingtonBlade: European court: Forced sterilization of trans people violates human rights 06 APR 17
R2.4 TheGuardian: French appeals court refuses to recognise third gender 23 MAR 16
R2.3 TheTelegraph: French court sets EU precedent by recognising 'gender neutral' person 14 OCT 15
R2.2 Pinknews: French trans woman continues fight to be recognised as female 12 OCT 10
R2.1 IGLHRC: Act Now to Defend Transgender Rights in Proposed Law 07 DEC 01

GayLawNet®™ "Exclusive" Sponsorship of this page IS available
Hate Crimes Legislation/Cases/References
See also: [DEFAMATION] [VIOLENCE]
1.

National

In 2004, the French Government passed a law banning insults based on sexism and homophobia [R1.2], 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" [R1.1]

2.

Courts & Tribunals

On 02 November 2016, the Court of Appeals of Paris reportedly convicted French politician and former housing minister Christine Boutin of ''hate speech'' when she called homosexuality an ''abomination'' in an interview with the high-brow political magazine Charles in March 2014. The Court imposed a fine of 5,000 euro (more than $5,500 USD), as well as 2,000 euro each in damages to three gay associations, ''Mousse'', ''Le Refuge'', and ''Inter-LGBT'' [R2.2].

On 21 January 2015, three French Twitter users were fined this week for inciting hatred and violence on the basis of sexual orientation by sending tweets that included homophobic hashtags. It's the first time a French court has handed out convictions for homophobic abuse on Twitter. One was fined €300 while the other two were forced to pay €500. All three were forced to pay the same amount to French charity Comité Idaho which had brought the case [R2.1].

R1.2 MCV: Law Bans Insults Based on Sexism and Homophobia 09 JUL 04
R1.1 The Guardian: Jail sentence for sexist insults under new French law 24 JUN 04
R2.2 LifeSite: French court fines politician for using word from Bible to describe homosexuality 04 NOV 16
R2.1 TheLocal: France hands out first fines for anti-gay tweets 21 JAN 15
Health, Medical Legislation/Cases/References
1.

National

On 11 July 2016, gay men who abstain from sex with other males for a total of 12 months may now donate blood. For the donation of plasma, gay males are required to abstain from sex for four months. The ban on lesbians donating blood was lifted in 2002 [R1.3].

On 04 November 2015, Health Minister Marisol Touraine said discrimination against potential blood donors on the basis of sexual orientation was unacceptable because it presumed that gay men all had HIV. Blood donations from gay men who have not had any sexual relations or who had some but with only one man in the past four months, will be allowed to donate their blood from next spring [R1.2].

On 15 June 2012, Minister of Health and Social Affairs Marisol Touraine was reproted to have announced that the donation of blood by men who have sex with men in France is due to be lifted 'in the coming months' [R1.1].

2.

Courts & Tribunals

On 29 April 2015, the European Court of Justice ruled in the Geoffrey Léger case that EU governments may be justified in banning gay men from donating blood but only under strict conditions. The court found that France's blanket ban on gay men giving blood was “liable to discriminate against male homosexuals on the basis of sexual orientation”, contrary to EU policy, suggesting “less onerous methods” should be considered but that lifetime bans may be justified if a donor presents a high risk of acquiring severe infectious diseases and there is no other method to protect blood recipients [C2.2], [R2.1].

R1.3 France24: After 30-year ban, gay men in France allowed to donate blood 11 JUL 16
R1.2 ReutersUS: France ends law banning blood donation from gay men 04 NOV 15
R1.1 PinkNews: French blood donation ban for gay men to be lifted 'in coming months' 15 JUN 12
C2.2 Judgment (in English): Geoffrey Leger v. Ministre des Affaires Sociales de la Santé et des Droits des femmes C-528/13, 29 APR 15
R2.1 TheGuardian: France could ease ban on gay men giving blood after ECJ ruling 29 APR 15
HIV / Aids Legislation/Cases/References
See also: [HEALTH, MEDICAL]
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].

2.

Courts & Tribunals

On 29 April 2015, the European Court of Justice ruled in the Geoffrey Léger case that EU governments may be justified in banning gay men from donating blood but only under strict conditions. The court found that France's blanket ban on gay men giving blood was “liable to discriminate against male homosexuals on the basis of sexual orientation”, contrary to EU policy, suggesting “less onerous methods” should be considered but that lifetime bans may be justified if a donor presents a high risk of acquiring severe infectious diseases and there is no other method to protect blood recipients [C2.2], [R2.1].

R1.1 PinkNews.co.uk" French Gays Concerned About New Database That Records Sexual Orientation 01 AUG 08
C2.2 Judgment (in English): Geoffrey Leger v. Ministre des Affaires Sociales de la Santé et des Droits des femmes C-528/13, 29 APR 15
R2.1 TheGuardian: France could ease ban on gay men giving blood after ECJ ruling 29 APR 15
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
Marriage Legislation/Cases/References
1.

National

On 30 May 2017, Etienne Cardiles married his late partner Xavier Jugelé, the police officer killed by a gunman on Champs-Élysées, in a ceremony attended by Paris mayor Hidalgo and former president Hollande. It is believed to be the first posthumous same-sex wedding to take place in France. Posthumous marriage can be traced back to 1803. The practice became particularly popular during World War I, when it allowed women to wed slain soldiers, thus legitimizing any children conceived beforehand and entitling them to a pension [R1.22].

On 17 May 2015, the United Protestant Church of France synod delegates were reported to have voted 94-3 in favour of vicars being allowed to bless same-sex marriages but dissenters will not be forced to do so against their will. In France only marriages performed by the state have any legal weight so a church wedding is merely a religious endorsement of a marriage [R1.21].

On 16 October 2013, the Chambery town prosecutor reportedly blocked the first gay French-Moroccan marriage between 55-year-old mechanic Dominique and Mohammed, despite the local court having ruled 11 October they could go ahead and get married [R1.20].
See 2. Courts & Tribunals [R2.8].

On 02 July 2013, it was reported that over 15 million people in Algeria, Bosnia & Herzegovina, Cambodia, Laos, Montenegro, Morocco, Poland, Serbia, Slovenia, Tunisia and Kosovo are banned from entering into a same-sex marriage in France, the country having signed agreements saying any ex-patriots would be banned from marrying under the new 'Marriage for All' law [R1.19].
However, see 2. Courts & Tribunals [R2.8].

On 18 May 2013, President François Holland signed the same-sex marriage legislation into law. Same-sex couples will be able to marry starting 28 May. The legislation also legalises gay adoption [L1.18], [R1.17].

Previously

Article 144 of the civil code does not stipulate that marriage is prohibited between people of the same sex [R1.16].

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.


On 17 May 2013, the Constitutional Court rejected legal challenges to legislation that grants same-sex couples the right to marry and adopt children, clearing the legal text for passage into law by President François Hollande, who said he would do so on Saturday [R1.15].

On 23 April 2013, the French parliament approved 331 to 225 a bill legalising gay marriage and adoption for same-sex couples in its final vote on the legislation. President François Hollande has already pledged to sign the bill into law [R1.14].

On 12 April 2013, the Senate approved (by a show of hands) the “Marriage for All” bill that would give same-sex couples the rights to marry and adopt. The bill, to which 10 amendments were made in the Senate, must now go through a second reading in the National Assembly (now expected on 23 April 2013) and a final reading in the upper house [R1.13].

On 09 April 2013, the Senate voted 179-157 in favour of Section 1 of the marriage equality bill which will remove all gender references on marriage applications. The Senate will vote one-by-one on the remaining sections of the bill [R1.12].

On 20 March 2013, the Senate law commission approved the gay marriage legislation, to be voted on in the full Senate in 15 days time [R1.11].

On 12 February 2013, the bill that will allow same-sex couple to marry and adopt children passed the lower house in a 329-to-229 vote and now goes to the Senate [R1.10].

On 03 February 2013, the National Assembly approved 249–97 Article 1 of a draft bill to legalise same-sex marriage redefining marriage as being an agreement between two people – not just between a man and a woman. A final vote on the Bill is scheduled for 12 February [R1.9].

On 07 November 2012, the French cabinet adopted a bill for marriage equality which will be put to a parliamentary vote early next year. The Bill stipulates: 'Marriage is contracted by two persons of different sex or same-sex' and grants the right of adoption to gay couples [R1.8].

On 19 October 2012, Prime Minister Jean-Marc Ayrault's office said the date when government ministers would present the draft law authorizing gay marriage had been pushed back to 07 November. The debate in parliament is now expected to last until January [R1.7].

On 10 October 2012, Prime Minister Jean-Marc Ayrault reportedly named 31 October as the date when a draft law authorising equal marriage will be approved by government ministers [R1.6].

On 25 August 2012, Prime Minister, Jean-Marc Ayrault said that a bill will be sent to the National Assembly and the Senate in October that will allow same-sex couples to marry, form families and adopt children [R1.5].

On 18 May 2012, the office of the prime minister Jean-Marc Ayrault was reported to have issued a communiqué announcing a commitment to implement new president François Hollande's pledge to equalise the laws on marriage for gay and straight couples and allow gay couples to adopt children [R1.4].

On 14 June 2011, the parliament rejected a bill designed to give gay couples the right to marry by 293 votes to 222 [R1.3].

In June 2011, Stephanie Nicot reportedly did not file post gender-reassignment surgery paperwork and was therefore still officially classified as male and a marriage licence was issued in Nancy [R1.2].

In June 2004, draft legislation was introduced to Parliament to legalise same-sex marriage [R1.1].

2.

Courts & Tribunals

On 09 June 2016, the European Court of Human Rights ruled that the annulling of the same-sex marriage between Stéphane Chapin and Bertrand Charpentier by the Bordeaux tribunal de grande instance upheld by the Bordeaux Court of Appeal, was not discriminatory. The Court unanimously found that Article 12 (right to marry), taken together with Article 14 (prohibition of discrimination), and Article 8 (right to respect for private and family life), taken together with Article 14, were not violated. This means that the French State, preventing two men from marrying (at a moment where the law did not provide this possibility), did not violate the European Convention for Human Rights [C2.16], [R2.15].

On 28 January 2015, the Cour de Cassation ruled that the marriage of French-Moroccan gay couple Dominique and Mohammed could proceed. The Court said that a clause in the agreement signed between France and Morocco on the issue stipulated that the law of one of the countries could be discarded when it was “obviously incompatible with public order”. The decision could create a precedent and allow gay citizens from the 11 countries to marry in France [C2.14], [R2.13].

On 08 July 2014, Conseil d'Etat (Council of State) ordered the Interior Ministry to issue a (previously denied) visa within 24 hours to allow a Senegalese man to travel to France for a wedding with his French partner due to be held Saturday in the northern town of Creil. The government was also ordered to pay compensation of 5,000 euros [R2.12].

On 22 October 2013, it was reported that the Court of Appeal in Chambéry rejected an appeal lodged by prosecutors against the 11 October decision of the lower court allowing Franco-Morrocan couple Dominique and Mohammed to marry and ruling the Franco-Moroccan agreement of 10 August 1981, which prohibits the marriage of a Moroccan with a person of the same sex, should not take precedence over the law on marriage signed by President Francois Hollande 18 May [R2.11].

On 18 October 2013, the Constitutional Council ruled that the same-sex marriage law does not infringe on the mayors' “freedom of conscience” and therefore should be applied. Mayors cannot refuse to officiate same-sex marriages based on their personal, moral or religious beliefs [C2.10], [R2.9].

On 11 October 2013, a court in Chambéry ruled that a 1981 agreement with Morocco stipulating that conditions for a marriage are controlled by “the law of the country of which [each partner] has citizenship” does not prevent a gay Moroccan man from marrying his French partner. The Court found that bilateral agreements do not have a higher authority than French law [R2.8].

On 15 December 2011, a Court in Brest refused to recognise as a woman a transsexual man who changed gender but remained married to his wife, arguing that to do so would be to in effect recognise gay marriage [R2.7].

On 28 January 2011, the Constitutional Council ruled that laws prohibiting marriage equality in France do not violate the constitution, saying parliament was free to make new laws on the subject, so leaving open the option for a constitutional amendment in the future [C2.6], [R2.5].

On 16 November 2010, the highest court of appeal, the Court of Cassation, asked the Constitutional Council to rule on whether gay marriage should remain illegal [R2.4].

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 [R2.3].

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 [R2.1].

R1.22 TheGuardian: Posthumous wedding for police officer killed in Champs-Élysées attack 31 MAY 17
R1.21 GayStarNews: France's largest Protestant denomination votes to bless same-sex marriages 19 MAY 15
R1.20 ANSAmed: France: first gay French-Moroccan marriage blocked 16 OCT 13
R1.19 GayStarNews: Over 15 million banned from gay marriage in France 02 JUL 13
L1.18 Projet de loi ouvrant le mariage aux couples de personnes de même sexe , nº 344 (in French)
R1.17 France24: French president signs gay marriage into law 18 MAY 13
R1.16 Agence France-Presse: French Gay Marriage Plan Revives Debate on Homosexual Rights 24 APR 04
R1.15 The New York Times: France's Same-Sex Marriage Legislation Ruled Constitutional 17 MAY 13
R1.14 The Advocate: France Approves Marriage Equality Bill 23 APR 13
R1.13 CNN: French Senate backs same-sex marriage bill 12 APR 13
R1.12 SDGLN: France soars over last big hurdle in race to marriage equality 09 APR 13
R1.11 GayStarNews: French Senate law commission backs gay marriage equality 20 FEB 13
R1.10 RT.com: France's lower house approves bill allowing gay marriages, adoptions 12 FEB 13
R1.9 BBC News: France's parliament approve gay marriage article 02 FEB 13
R1.8 GayStarNews: French government approves gay marriage bill 07 NOV 12
R1.7 ABC News: France Delays Debate on Gay Marriage 19 OCT 12
R1.6 PinkNews: France sets date to say 'oui' for equal marriage 10 OCT 12
R1.5 PinkNews: Same-sex marriage bill to be introduced in France this October 26 AUG 12
R1.4 PinkNews: French prime minister promises to implement equal marriage and adoption rights for gays 18 MAY 12
R1.3 PinkNews: French parliament rejects gay marriage bill 14 JUN 11
R1.2 The Advocate: France's First Gay Marriage 06 JUN 11
R1.1 MCV: Gay Euro-Visions 18 JUN 04
2. Courts & Tribunals
C2.16 Judgment (in French): Affaire Chapin et Chaprentier c. France No. 40183/07 PDF 362.15kb 09 JUN 16
R2.15 European Court of Human Rights: Chapin and Charpentier v. France at page 2 PDF 101.12kb 09 JUN 16
C2.14 Decision: The Public Prosecutor at the Court of Appeal of Chambéry v. Rene X and Mohammed Y (in French) ECLI: FR: CCHSA: 2015:C100096, 28 JAN 15
R2.13 AlArabiyaNews: Top French court approves Franco-Moroccan same-sex marriage 28 JAN 15
R2.12 France24: Senegalese man awarded French visa in gay marriage debate 10 JUL 14
R2.11 TheRawStory: French court allows Franco-Moroccan gay couple to marry 22 OCT 13
C2.10 Decision: Mr Frank M et al No. 2013-353 QPC, 18 OCT 13 (Google translation)
Decision: M Franck M et autres Decision no 2013-353 QPC PDF 33.22kb, 18 OCT 13 (in French)
R2.9 CNN: French court rules mayors cannot block same-sex marriage 18 OCT 13
R2.8 rfi: Court overrules Moroccan exception to French gay marriage law 11 OCT 13
R2.7 Expatica: French court refuses to recognise transsexual's gay marriage 15 DEC 11
C2.6 Conseil Constitutionnel: Mme Corinne C. et autre [Interdiction du mariage entre personnes de même sexe] No 2010-92 January 29, 2011 QPC (In French)
R2.5 The Advocate: French Watchdog Upholds Marriage Ban 28 JAN 11
R2.4 France 24 News: France reviews gay marriage ban 16 NOV 10
R2.3 MCV: Swedish Church Approves Gay Marriage 22 MAR 07
R2.2 Herald Sun: Court Annuls First Gay Marriage 20 APR 05
R2.1 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 18 May 2013, President François Hollande signed same-sex marriage legislation into law. The legislation also legalises gay adoption [R1.3].

Previously:

On 10 April 2013, the Senate approved the second 'adoption' article of the ('Marriage for All') Bill by a majority [R1.2].

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

On 05 July 2017, the Cour de Cassation refused a request that French authorities automatically recognise the two parents listed on the foreign birth certificate, but ruled that the father's partner could apply to adopt the child, in line with a 2013 law allowing both gay marriages and adoptions [C2.15], [C2.14], [C2.13], [C2.12], [R2.11].

On 16 April 2015, the Versailles appeals court overturned a ruling delivered by a lower court a year ago and authorized four lesbian women to adopt the children born to their wives abroad through artificial insemination. On 14 April 2015, the appeals court in the southern city of Aix-en-Provence issued a similar ruling in favor of a lesbian couple who had gone abroad to have a baby [R2.10].

On 23 September 2014, the Cour de Cassation ruled that as a consequence of the legalization of same-sex marriage in 2013, married lesbian couples are allowed to adopt their spouse's child born through in vitro fertilization or other medically assisted reproduction outside of France [C2.9], [R2.8].

On 02 May 2014, a judge in Versailles was reported to have prevented a French lesbian couple's non-biological mother from adopting a 4-year old infant conceived through artificial insemination in Belgium, ruling that under French law that procedure is not explicitly open to lesbian couples[R2.7].

On15 March 2012, the European Court of Human Rights ruled that France did not discriminate against a lesbian who was refused the right to adopt her partner's daughter and become the girl's other legal parent [C2.6], [R2.5].

In September 2010, the European Court of Human Rights reportedly would hear the case of Valerie Gas whose application for an adoption order for the daughter of her long-term partner Nathalie Dubois was refused by French courts in 2006 [R2.4].

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 [R2.3].

Previously:

In 2006, Valerie Gas applied for an adoption order for the daughter of her long-term partner Nathalie Dubois however, the French courts rejected the adoption request, saying it was not in the interests of the child and could deprive Dubois of her rights in respect of the child [R2.4].

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 [R2.1].

"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.

R1.3 France24: French president signs gay marriage into law 18 MAY 13
R1.2 GayNZ: French senate backs adoption reforms 12 APR 13
R1.1 Capital Q: Partners Law Takes Effect 26 NOV 99
2. Courts & Tribunals
C2.15 Judgment (in French): Mr Pierre-Jean X & Anor v. The Attorney General of the Court of Appeal of Rennes No. 827 05 JUL 17
C2.14 Judgment (in French): Mr Remy X v. The Attorney General of the Court of Appeal of Dijon No. 826 05 JUL 17
C2.13 Judgment (in French): Mr Patrice X, et al. v. The Attorney General of the Court of Appeal of Rennes et al. No. 825 05 JUL 17
C2.12 Judgment (in French): Jean-Francois X, et al. v. The Attorney General of the Court of Appeal of Rennes No. 824 05 JUL 17
R2.11 TheLocalFR 05 July 2017 French gay couples win key surrogacy battle 05 JUL 17
R2.10 U-T SanDiego: French court OKs adoption by lesbian partners 16 APR 15
C2.9 Opinion: Application No. 1470006 No. 15011 (in French), 22 SEP 14
R2.8 LGBTQ Nation: French court extends adoption rights to married, lesbian couples 23 SEP 14
R2.7 BBC News Europe: Anger as French judge blocks lesbian couple's adoption 02 MAY 14
C2.6 ECtHR: V Gas & N Dubois v. France (Press Release) PDF 194.98kb, 15 MAR 12
R2.5 ABC News: European Ruling Against Lesbian Trying to Adopt 15 MAR 12
R2.4 Expatica.com: ECHR to hear French gay adoption case 15 SEP 10
R2.3 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
R2.1 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
Violence: Bullying, Domestic Violence, Harassment, Victimisaton, Vilification Legislation/Cases/References
See also: [HATE CRIME]
1.

Courts & Tribunals

On 21 January 2015, three French Twitter users were fined this week for inciting hatred and violence on the basis of sexual orientation by sending tweets that included homophobic hashtags. It's the first time a French court has handed out convictions for homophobic abuse on Twitter. One was fined €300 while the other two were forced to pay €500. All three were forced to pay the same amount to French charity Comité Idaho which had brought the case [R1.1].

R1.2 TheLocal: France hands out first fines for anti-gay tweets 21 JAN 15

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