Ruling No. 619

  • COURT OF CASSATION PLENARY SESSION

Public hearing of July 3, 2015

MrLouvel, First President Partial reversal

Ruling No. 619 P+B+R+I

Appeal No. S 14-21.323

THE REPUBLIC OF FRANCE

ON BEHALF OF THE PEOPLE OF FRANCE

….

On the basis of the foregoing, THE COURT, sitting in plenary session at a public hearing on June 19, 2015 :

With respect to the first ground of appeal before the COURT :

Considering Section 47 of the French Civil Code and Article 7 of the French Decree of August 3, 1962 amending certain civil status rules, considered in the light of Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms ;

Whereas it results from the first two of the foregoing texts that the birth certificate of a French citizen, entered in a foreign country and drawn up in conformity with the forms used in the said country, is transcribed into French Birth Registers, unless other deeds or documents held, external data or information based on the very birth certificate demonstrate, after making all useful verifications, if necessary, that the birth certificate is unlawful or forged or that the facts declared therein do not correspond to reality ;

Whereas, according to the ruling under appeal before this Court, K X..., who was acknowledged by Mr.X... on March 10, 2011, was born on [...] in Moscow ; his birth certificate, drawn up in Russia, designates Mr. Dominique X..., a citizen of France, as the father, and Mrs. Kristina Z..., a citizen of Russia who gave birth to the child, as the mother ; the Public Prosecutor objected to Mr.X...’s request aiming at having the birth certificate transcribed into a birth register kept by the French Consulate, by alleging the existence of a surrogate motherhood agreement entered into by and between Mr.X... and Mrs. Z... ;

Whereas, in order to deny transcription, the ruling holds that there is a number of pieces of evidence likely to establish the existence of a fraudulent process including a surrogate motherhood agreement entered into by and between Mr.X... and Mrs. Z... ;

Whereas by ruling as it did, while it had not found that the birth certificate was unlawful or forged or that the facts declared therein did not correspond to reality, the Appeal Court violated the aforementioned texts ;

ON SUCH GROUNDS :

QUASHES AND REVERSES the decision made on April 15, 2014 by the Rennes Appeal Court, only to the extent that it refused the request for transcription of K. X...’s birth certificate ; consequently, the COURT, as far as this is concerned, returns the cause of action and the parties to the status existing prior to the said decision and refers them to the Paris Appeal Court to be tried again ;