[Grem] SPAM(7.4) Fwd: "Right to a Child for all Women":The ECHR's Slippery Slope

2019. Sze. 17., K, 09:50:15 CEST

ECLJ: European Center for Law and Justice

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Von: ECLJ <secretariat at eclj.org>
Date: Mo., 16. Sep. 2019, 20:38
Subject: "Right to a Child for all Women":The ECHR's Slippery Slope
To: <sonja1lazar at gmail.com>

On an unprecedented scale, the European Court of Human Rights (ECHR) has
decided to judge a series of patch-up reproduction cases.

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*"Right to a Child for all Women": The ECHR's Slippery Slope*

On an unprecedented scale, the European Court of Human Rights (ECHR) has
decided to judge a series of patch-up reproduction cases. At issue: the
complete separation between sex, procreation and parenthood; and the
erasure of the biological family as a reference of social norms.

These cases show how the desire to have a child can lead to madness; and
how that madness can become reality thanks to technic. Now a reality, it is
now attacking the legal norms to transform this desire into rights and to
reshape, through this, social reality to its image, in the illusory hope to
become normal itself.

The ECLJ is fighting back both in Strasbourg, at the European Court of
Human Rights, and in Geneva, at the United Nations. Today, at the Human
Rights Council, we delivered a powerfull statement with the President of
the association: "*The Voice of the Fatherless*".
Here is the declaration where we denounced the French bill of law allowing
for single and lesbian women to have children through Assisted Reproductive
Technologies (ART). Such procedures deprive the child of his or her father
and of his or her filiation.
<https://eclj.us10.list-manage.com/track/click?u=567507fce24ff5f4d84cc3e33&id=a3a57c9daa&e=97afa89bd6>
Emmanuel Le Pargneux, The Voice of the Fatherless / The ECLJ

Here is a summary of the ECHR cases and the problems they pose.

*The desire to have a child with a dead person *

A French woman complains about the refusal of the French authorities to
transfer the frozen sperm of her dead partner to a Spanish hospital where
she would be able to have a *post mortem* insemination. She thus contests
the French law which imposes that the man and the woman forming the couple
wishing to resort to a medically assisted procreation be “alive” and that
the conservation of the gametes be stopped at the death of the person. (*V.
D. v. France*).

*The desire of a mother to be the father of the child*

In another case, the real mother of a child conceived with an anonymous
sperm donation complains of not appearing as “father” on the birth
certificate, on the grounds that, being a transsexual, she had already got
to be identified as “man” on her own civil status. She sees being described
as a “mother” as a violation of her own rights and those of the child in
that it “*fundamentally contradicted their perception of their relationship*”
and compel them to disclose frequently the mother’s transsexuality. (*O.H.
and G.H. v. Germany*).

*The demand for a presumption of motherhood for the « wife of the mother”*

Two German lesbians complain, on their own behalf and on behalf of the
child, that the partner of the woman who gave birth does not benefit from a
“presumption of motherhood”, unlike men in heterosexual couples who benefit
from a presumption of paternity. They denounce a discrimination, even
though the “wife of the mother” was able to adopt the child. The case is
complicated by the fact that the child was carried by one woman and
conceived with the ovum of the other and the sperm of an anonymous donor;
which is forbidden in Germany. *(R.F. and others v. **Germany*)*.*

*The desire to both be “mothers” of the same child*

Two Austrian lesbians complain of appearing as “Mother / Parent” and
“Father / Parent” on the birth certificate of a child conceived and carried
by one of them and adopted by the other. They denounce a discrimination
compared to heterosexual parents in that these mentions suggest that the
woman mentioned as “Father / Parent” is not the mother of the child. They
each want to be “mother” or “parent” on the child’s birth certificate in
order to erase any biological differentiation (*S.W. and Others v. Austria*
).

*The obligation for states to establish "homoparenthood"*

Two other cases seek to force Poland to register same-sex persons as
parents of the same child. In one case, the child was conceived with ART
for the benefit of an Anglo-Polish couple of women living in the UK. In the
other case, twins were conceived through surrogacy in the United States for
the benefit of an Israeli-Polish couple of men living in Israel. They
denounce Poland’s refusal to transcribe the children’s foreign birth
certificates, believing that this decision violates their “right to be
considered as parents” and affects the nationality and inheritance rights
of the children. They also denounce a discrimination on the grounds of
their homosexuality (*A.D.-K*. and *Schlittner-Hay* *v. Poland* cases).

*The desire to be declared mother of a child conceived and carried by other
women *

In three other cases, couples complain of France’s refusal to recognize as
mothers, on the grounds that they have not given birth, women who bought
children born to surrogates abroad. They ask the ECHR to condemn France to
transcribe in full on the registers of civil status the birth certificates
established abroad by virtue of surrogacy agreements, even though this
practice is prohibited in France and that no biological link is established
between the children and the buying women (*Braun*, *Saenz and Saenz Cortes*,
and *Maillard v. France* cases).

*These cases are symptomatic of categorical claims of **patch-up
reproduction*

   - The applicants contest the fact that law still be based on the
   imitation of human nature, which, itself, is biologically completely
   heterosexual. They want to dispose of filiation and the identity of the
   children;
   - They completely erase the surrogate mother as well as the father who
   becomes a mere source of sperm, while, at the same time, boasting about
   their own genetic link with the children, when appropriate;
   - They pretend to act in the name and best interests of the children,
   all the while ignoring, or even despising, the right and interests of the
   latter to know their biological parents and to be raised by them (CRC, art.
   7);
   - They place society before a *fait accompli* and demand it to
   regularize a situation that they themselves provoked by going abroad to
   circumvent interdictions made in their respective countries;
   - They demand the European judges to condemn national legal choices.

*A sequence of jurisdictions*

These requests seem insane, but they are in line with previous judgments of
the ECHR. Thus, it is because the sex change in the civil status is no
longer subordinated to a morphological change that a mother can claim to be
a father (*A.P., Garçon and Nicot v. France*). It is because the ECHR
condemned Austria in 2013 to legalize the possibility of adopting the
same-sex partner’s child that Austrian women now claim to be both “mothers”
(*X and Others v. Austria*). Similarly, it is because the ECHR condemned
France in 2014 to transcribe the paternal filiation of children born of
surrogacy abroad that the “intended mother” now claims the same right for
herself (*Mennesson v. France*).

Decision after decision, there is indeed a ripple effect, a “slippery
slope”, following an inclination that the Court seems to adjust at
discretion according to the time, as it is surprising that all these cases
- some of which are quite old - be made public at the same time. In terms
of surrogacy, the President of the ECHR acknowledged in 2015 that the
liberalization of this practice operates at a “pace imposed by our Court”.
Other cases will follow, each time more shocking, such as
“multi-parenthood” cases in which three, or more, adults will demand to be
“recognized parents” of the same child. Likewise, there will be no serious
reason to oppose the liberalization of polygamy and polyandry.

In fact, once the law breaks off from natural reality in favour of mere
self-determination, nothing can stop it. And it becomes very difficult for
the judge to justify a limitation to individual desires. This is explained
firstly by the fact that Western society has lost the sense of nature and
the common good which alone could justify a limitation to individual
desires. Indeed, nature, by conditioning us, sets a limit to our desires,
and the common good determines its accuracy. This is also explained by the
fact that human rights have been designed to defend individuals from social
oppression, to the point of making it a weapon against all social norms.
But without reference to the common good and to nature, these norms are
gradually, and inevitably, dissolved in private life. Human rights thus
become the vehicle of self-assertion and selfishness.

A century ago, already, proponents of artificial reproductive control
techniques believed that separating procreation from sexuality would be a
decisive step forward in the process of evolution of humanity. They thought
that man would thus gain the power to be rationally and responsibly
engendered and would no longer be the plaything of a blind nature. They
believed that man would be wiser and more ingenious than nature, that he
might attain a higher degree of perfection and happiness, and that he could
“spiritualize” sexuality. That was the ambition. A presumptuous ambition
when we observe today its fruits: the limitless madness of procreative
patch-up, eugenics, and the massive use of pornography and abortion ...
Nature is much wiser than us.

The technical mastering of nature should not exempt us from respecting its
laws. Nature, of course, is a good mother, patient and silent; but it is
rightly said that it never forgives; and it is always in pain that we are
reminded of it.

Thus, it is the pain of children born of an anonymous donation of sperm
which reminds us today of our natural need to fully know our identity,
including in its physical and filial dimension;

It is also the pain of children born of surrogacy and anonymous-ART and of
their “biological” parents, faced with the legal prohibition to establish
their filiation, which reminds us of the importance of blood ties;

It is also the pain of surrogate mothers who do not want to give up their
children, which reminds us of the importance of motherhood;

Likewise, it is the pain of children born of reproductive and family
patch-ups that reminds us of the natural need and right to be loved and
raised by one’s true parents in a balanced family.

If our society is no longer able to see the injustice of these situations,
at least perhaps we will be sensitive to the suffering they cause.

And if we remain insensitive to this suffering, we will then face the
violence it will not fail to engender in turn.

To give in to the demands of procreative patch-up is cowardice before our
responsibility to protect future generations.
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[Grem] *****SPAM(7.4)***** Fwd: "Right to a Child for all Women":The ECHR's Slippery Slope

[Grem] SPAM(7.4) Fwd: "Right to a Child for all Women":The ECHR's Slippery Slope