The rights of LGBTQIA+ families in France have seen major progress over the past decade, profoundly transforming the legal framework of parenthood and filiation.
Marriage, adoption, medically assisted reproduction (ART), and access to donor origins: the law has evolved to provide greater equality and protection for so-called “non-traditional” families.
This article outlines the key rights, eligibility requirements, and new practices regarding LGBTQIA+ parenthood.
1. Marriage, Adoption, and Parenthood: Toward Equal Treatment
1.1. Marriage Equality and Its Consequences
The opening of marriage to same-sex couples by the May 17, 2013 law was a milestone, granting them full access to all marriage-related rights, including adopting a spouse’s child or a third-party child.
1.2. Adoption Rights for All Couples
Law No. 2022-219 of February 21, 2022 further broadened access to adoption.
Plenary and simple adoption are now available not only to married couples but also to civil partners (PACS) and unmarried cohabitants, regardless of gender.
This reform also allows a partner or cohabitant to adopt the other’s child, aligning the rights of LGBTQIA+ families with those of heterosexual families.
2. Medically Assisted Reproduction (ART) and Filiation
2.1. ART for Female Couples and Single Women
Law No. 2021-1017 of August 2, 2021 on bioethics marked a historic turning point by allowing ART, previously reserved for heterosexual couples, to female couples and unmarried women.
Today, the parental project is recognized as the legal foundation for establishing filiation from birth, including through a joint notarized recognition prior to conception.
2.2. Transitional Measures and Foreign ART
For children conceived abroad via ART before the 2021 law, a transitional provision allows joint notarized recognition for three years if both women agree.
If the birth mother unreasonably refuses, the non-birth mother may still petition for adoption, even without a marital or cohabitation requirement.
3. Filiation, Children’s Rights, and Access to Origins
3.1. Equal Filiation and Dual Parenthood
The legal recognition of same-sex dual parentage—establishing filiation with two parents of the same sex—is now confirmed by both legislation and case law, regardless of the method of conception.
This applies to both adoption and joint prior recognition.
3.2. Access to Donor Identity
Since September 1, 2022, any child conceived through donor-assisted ART has the right, upon reaching adulthood, to access the donor’s identity and non-identifying information, provided the donor consents.
This right does not affect legal parentage, as the donor has expressly waived parental rights.
3.3. Best Interests of the Child
These reforms are guided by the principle of the child’s best interests, a cornerstone of parental authority and a central consideration in all matters relating to filiation and adoption.
4. Child Residence, Parental Authority, and LGBTQIA+ Equality
4.1. Child Residence After Separation
Courts are now encouraged to evaluate LGBTQIA+ families without prejudice based on gender or biological links, especially when determining the child’s residence or day-to-day arrangements after a separation.
Biological parentage should not outweigh equal parental status.
4.2. Remaining Challenges and Future Reforms
Despite these advances, uncertainties remain, particularly regarding surrogacy, still prohibited in France, and the full recognition of parenthood for transgender individuals.
5. European Case Law and Non-Discrimination
The European Court of Human Rights (ECHR) has repeatedly condemned discriminatory laws or practices against same-sex couples, recognizing their right to family life, parental authority, and equal treatment.
Conclusion: A More Inclusive Parenthood, With Challenges Ahead
The progress in LGBTQIA+ family rights is significant: equal access to adoption, recognition of dual parentage, access to ART, and the right to donor information.
These developments place France at the forefront of modern family law, though debates on surrogacy and full recognition of transgender parenthood remain open.
The child’s best interests continue to guide legal decisions and reforms, ensuring protection and recognition for all families, whatever their composition or history.
For any questions or legal assistance regarding family law, filiation, or LGBTQIA+ parenthood, please do not hesitate to schedule an appointment.
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