프랑스법상 익명출산제도에 대한 재고찰

• 영문명: Anonymous Childbirth under French Law
• 발행기관: 한국가족법학회
• 저자명: 서종희(Seo, Jonghee)
• 간행물 정보: 『가족법연구』家族法硏究 第36卷 2號, 331~372쪽, 전체 42쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2022.07.31

영문 초록

Birth registration is a basic and essential element to receive legal protection and public services such as education, health care, and social security as a member of society. Birth notification system should be introduced that allows the birth of a child to be notified at the facility (ex: hospital) where the child was born, regardless of nationality. However, the birth notification system requires consideration for parents who are reluctant to reveal their identity as the fact of birth is notified or reported regardless of the parents’ will. In short, in order to protect a child's basic rights (right to life, etc.) that can be exercised by exposure of identity, anonymous childbirth under French law should be introduced along with the birth notification system. In French, The consecration of the ‘Mater semper certa rule’ does not put an end under the possibility for the mother to request at the time of giving birth that “the secret of her admission and of her identity be maintained” (art. 326). Hence, her name will not be indicated on the birth certificate, and in consequence, filiation will not be established in relations to her. The impossibility of establishing filiation later on in case the secret would be revealed, is guaranteed since the law of January 8th 1993 by a flat refusal against all actions relating to research of natural maternity(art. 325, art. 341-1 anc.). Meanwhile, to ensure better balance of the interests of those involved, the legislator has intervened through the law of January 22nd 2002. Article L.222-6 of the Social Action and Family Code ends to ensure that a woman who gives birth under X is fully aware of the importance and the judicial consequences of her decision. She is reminded “the importance for each person to know her origins and her history.” In consequence, she is invited to leave “if she agrees to it, information about her health and that of the father, the origins of the child and the circumstances of the birth as well as, in a sealed envelope, her identity.” She is informed that at any time she can leave her identity, in a sealed envelope or complete the information she has provided at the time of birth. The mother is informed as well of the possibility she has at any time to lift the secrecy of her identity. It is hoped that this paper will be helpful in introducing an anonymous birth system in the future.

목차

Ⅰ. 들어가는 말

Ⅱ. 프랑스 익명출산제도의 개요

Ⅲ. 익명출산관련 법률 및 주산기 의료지원법률

Ⅳ. 익명출산제도에서의 아이의 혈통을 알 권리에 대한 보장

Ⅴ. 프랑스 내에서의 익명출산 이용현황 등

Ⅵ. 맺음말

키워드

익명출산 자녀의 혈통을 알 권리 자기결정권 출생등록 주산기 의료지원 anonymous childbirth child's right to know his/her identity self-determination rights birth registration perinatal medical support