| 英文摘要 |
French law regulates medically assisted procreation (AMP) within the framework of a more general law, known as the “bioethics law”. The first bioethics laws date from 1994. This law has the particularity of being revisable. In July 2019, a bill was tabled to carry out the third revision. The health crisis, a busy legislative schedule but also political opposition led to a considerable delay in the adoption of this reform1, which was finally adopted definitively on 29 June 20212. The first draft opened the benefit of medically assisted procreation to couples and single women. This proposal was adopted by both parliamentary chambers (National Assembly and Senate) during the preparatory work. But in February 2021, against all expectations, the Senate had finally refused this opening, in a climate of total confusion3. It was to be expected that in its final reading the National Assembly would reverse its position by allowing unmarried women and couples to have recourse to medically assisted reproduction. A “moment in history”,4 a “text which, above all else, places the will of men above the weight of destiny”,5 these are the terms used by the bearers of this project on 29 June 2021. This is obviously an incredible step forward. However, the modalities chosen to allow the establishment of filiation with regard to the female couple in the event of recourse to a sperm donor reveal valuable lessons. These modalities shows that the legislator is incapable of going beyond a traditional model of filiation, based on carnal procreation, to grasp the specifics of AMP. This article proposes, after a historical overview, to analyse the choices that the legislature is preparing to make in 2021 and the paradoxes that lie behind them.
|
