Law of bioethics : the LDCS and for all by discussion

Health 24 January, 2018


Published the 24.01.2018 at 16: 00


Keywords :

PMAbioéthiqueétats general

Single women and female couples will they soon have the right to resort to medically assisted procreation (PMA) in France to make a baby ? This question is one of construction sites of the States general of bioethics, which have the purpose to revise the law passed in 2011. The LDCS, for technical medical assistance to procreation, is reserved for heterosexual couples – married or unmarried, of child-bearing age – suffering from infertility diagnosed. This medical practice is framed by a 2004 law, allows the meeting of an ovum and a sperm cell with two methods : artificial insemination, or in vitro fertilization.Single women and female couples can have recourse to the LDCS abroad, although the parentage of their baby to be allowed in France.

Emmanuel Macron in favor of the LDCS

Belgium, Denmark, Spain, the netherlands or even the United Kingdom does not reserve the LDCS to only heterosexual couples. Each year, single women or female couples choose one of these countries to be inseminated and have a baby. The woman who carries the child recognizes it in France, like any parent, even if the LDCS is practiced abroad. Since the act of may 17, 2013, which has allowed marriage and adoption to couples of persons of the same sex, the terms of filiation have evolved for female couples. The joint can also be a parent of the child born through the LDCS abroad, but, it must happen through the adoption process to establish parentage. In fact, the implementation of the law has been difficult. At the beginning of the high courts are opposed to some of these cases. In September 2014, the Court of Cassation is thus pronounced in favour of the recognition of children born of a PMA abroad by the wife of the mother. But, for the spouse who did not carry the child, adoption is the only option to be recognized as a parent. And this, provided that the two women are married.

If the law allows single women and female couples to become parents thanks to the LDCS, it prohibits always achieve this medical practice in France. This makes the operation and administrative procedures more difficult and heavy. In its campaign, Emmanuel Macron believes itself to be in favour of the opening of the LDCS to single women and female couples. Just as the national consultative ethics Committee, in June last. According to an IFOP poll, for The Cross and the european Forum of bioethics, respectively, 60 % and 57 % of the respondents are in favour of enlargement of the LDCS for female couples and single women.

23 000 babies are born thanks to the LDCS

The objective of the States general of bioethics is, therefore, to consider aligning the law with the views of society that seem to be changing. However, this expansion challenges the traditional patterns of relationships, which disturbs a part of the population. Movements such as The “Manif for all” are hostile to it. They fear that, with the permission of the LDCS does not result in the surrogacy (GPA), which is currently totally banned in France. The latter would allow couples of men – who can only become parents by the adoption – of a child. In practical terms, a mother is called “carrier” would receive the sperm of one of the two men, would carry the pregnancy and childbirth. At birth, she has no right on the child, which is one of the couple has asked for the GPA. In February 2014, more than 100 000 people had already marched in Paris against, among others, the opening of the LDCS and the GPA to same-sex couples. This Sunday, January 21, between 8 500 and 40 000 people close to the Manif for all had trod the streets of paris. The “March for life” protesting against the widening of the LDCS, as well as other issues raised by the States general of bioethics, such as end-of-life.

Do you need to open the access of the LDCS to female couples and to single women ? Response in June, in the synthesis of the CCNE. Currently, approximately 23 000 babies are born each year in France, thanks to the LDCS.