In a decree issued on January 14, 2016, the European Court of Human Rights considered the best interests of the child would be to know the truth about his biological origin, even if the child in question does not request it, and that the French court was correct in amending the birth certificate by mentioning the biological father.
The European Court of Human Rights thus confirmed the annulment of the paternity acknowledgement cited by the spouse of the mother, which was requested by the biological father, judging there was no violation of Article 8 of the European Convention of Human Rights concerning the right to respect for private and family life. In particular, they acted that by confiding the parental authority to the mother, the child could continue to live with his current family, as he wished to do.
This decree justifies a more in-depth judicial analysis. The consequences of this decision may also be of importance on the current debates concerning the acknowledgement of children born outside of France by surrogacy: and in this case isn’t the double principle of the best interests of the child and the truth about his biological origin in contradiction to registering his birth certificate in the name of a fictional parent?
The decree issued by the House of the European Court of Human Rights is not final. The plaintiffs can request a new examination in the Grand Chamber in three months, but the Court is not obliged to accept it.
