Right to Origins for a Child Born under X: What Does the Douai Judgment Say?

Imagine: you live in Montlouis-sur-Loire, you are 25 years old, and you learn that you were adopted at birth. Your biological mother gave birth anonymously, without leaving her identity. Until now, you knew nothing about your origins. But recently, a question haunts you: can you know the name of the woman who gave you life? And what if she refuses? This decision of the Douai Court of Appeal answers precisely this fundamental question.

For French law has long wavered between respect for the secrecy requested by the mother and the child's need to know their roots. Which prevails: the right to anonymity or the right to origins? The judgment of 7 July 2024 clarifies the rules of the game, confirming the key role of the National Council for Access to Personal Origins (CNAOP).

In this article, I explain everything – from the procedure to follow to the practical consequences for families, including a concrete case experienced in La Riche. No jargon: accessible law, because your story deserves to be understood.

The facts: a story that happens every day

Mr D., born under X in La Riche in 1999, grew up in a loving adoptive family. At age 25, he learned by chance the circumstances of his birth. He then felt an overwhelming need to know the identity of his biological mother. He contacted the CNAOP, the body responsible for collecting the wishes of birth parents and transmitting information to the child.

The problem: the biological mother, contacted by the CNAOP, had maintained her refusal to lift anonymity. She invoked her right to anonymous childbirth, guaranteed by Article L. 222-6 of the French Social Action and Families Code. Mr D. considered that this refusal could not be absolute and took the matter to court to assert his right to know his origins.

The case was heard at first instance, then on appeal in Douai. The court had to decide: can the silence of the biological mother, even if maintained, be circumvented? Or must the child be satisfied with non-identifying data (age, occupation, reasons for abandonment)?

Plot twist: during the proceedings, the biological mother changed her mind, finally accepting the partial lifting of anonymity. But the legal question remained: does the child have an absolute right to know his origins, even against the mother's will?

The reasoning of the court — broken down

The Douai Court of Appeal first recalls the principle: anonymous childbirth is legal in France (Article L. 222-6 of the Social Action and Families Code) and allows the mother to preserve her anonymity. But this right is not unlimited when faced with the child's right to know their origins, based on Article 8 of the European Convention on Human Rights (respect for private and family life).

The judges apply the Law of 22 January 2002 on access to origins, which created the CNAOP. This council's mission is to collect the mother's consent to the disclosure of her identity. If the mother refuses, the CNAOP transmits to the child only non-identifying information (reasons for abandonment, medical situation, etc.).

In this case, the mother refused, then accepted during the proceedings. The court takes the opportunity to clarify that the initial refusal is not irreversible: the mother can always change her mind, even years later. It also emphasises that the CNAOP must respect the mother's wishes, but the child may exceptionally request the lifting of secrecy if serious medical reasons justify it.

Mr D.'s arguments: he invoked his right to the truth and to psychological balance. The court recognises that this need is legitimate, but considers that the legislator balanced the interests by giving priority to the mother's wishes. However, it insists on the active role of the CNAOP: it must do everything possible to obtain the mother's consent, including meeting her several times.

Ultimately, the court confirms that the child cannot obtain the identity of his biological mother if she maintains her refusal, except in cases of compelling medical reasons. This is a confirmation of previous case law, not a reversal. So, what should you do if you are concerned?

What this means for you — concretely

You are a child born under X, or you were adopted, and you are looking for your origins? The procedure is clear: contact the CNAOP (www.cnaop.gouv.fr). You can request access to your origins, whether you are an adult or a minor (with the agreement of your legal representatives). The CNAOP will contact your biological mother (or father, if identified) to ask if she agrees to lift anonymity.

If she agrees, you will receive her identity and can make contact according to the arrangements she wishes (letter, meeting, etc.). If she refuses, you will only be entitled to non-identifying information (age, occupation, reason for abandonment, possible medical situation).

A concrete example: a client from La Riche, born under X in 1985, contacted the CNAOP. Her biological mother refused to lift anonymity, but agreed to provide information about her medical history. This allowed my client to learn about a risk of hereditary disease, without knowing her mother's name. In this case, the refusal is final, unless the mother changes her mind later.

For biological parents who gave birth anonymously: know that you can lift anonymity at any time by contacting the CNAOP. The council keeps your wishes on file and can contact you again if the child makes a request. Your initial refusal is not final. If you wish, you can also leave non-identifying information, even without revealing your identity.

Timeframe: the CNAOP processes requests in a few months (4 to 6 on average). If a persistent refusal blocks you, you can take the case to the tribunal judiciaire (judicial court), but rarely with success, except for very serious medical reasons.

Four tips to avoid this type of dispute

• Find out about your rights from the start. If you are pregnant and considering an anonymous birth, know that you can leave a sealed envelope with your identity at the Departemental Council, which will only be opened with your later consent. This makes it easier for the child to find their origins.
• Use the CNAOP as an intermediary. If you are a child born under X, do not contact your biological family directly without going through the CNAOP. This avoids conflicts and respects the legal procedure. The CNAOP will help you manage the process confidentially.
• Keep a record of your medical history. Even if you refuse to disclose your identity, you can communicate important medical data (genetic diseases, allergies) via the CNAOP. This can save lives without revealing your identity.
• Consult a solicitor specialising in family law. If the CNAOP does not succeed or if you need to take the matter to court, a solicitor will help you build a strong case, especially if you invoke a compelling medical reason. An initial consultation can save years of uncertainty.

Further reading: related case law and developments

The Douai Court of Appeal follows previous case law. For example, the Court of Cassation (1st Civ., 12 July 2016, No. 15-17.816) had already ruled that access to origins cannot be imposed on the biological mother if she maintains her refusal, except for medical exceptions. The European Court of Human Rights (Odievre v. France, 13 February 2003) validated the French CNAOP system, finding that it strikes a balance between the rights involved.

However, there is a trend towards strengthening the child's right to know their origins, notably through the circular of 1 July 2019 which encourages departments to better inform mothers about the possibility of lifting anonymity later. Some voices call for a reform that would allow the child to obtain the identity of the biological mother after a certain period (e.g., 50 years after birth).

For now, the law remains clear: the secrecy of anonymous childbirth can be maintained indefinitely, but it is never irrevocable. Judges encourage mothers to be transparent, but do not force them.

Key points to remember

FAQ: your most frequent questions

• Can I know the identity of my biological mother if she refuses? No, unless you have a serious medical reason. The CNAOP cannot force the mother to lift anonymity.
• My mother gave birth anonymously 30 years ago; can she still agree? Yes, she can change her mind at any time by contacting the CNAOP. The council keeps her wishes on file.
• Can I at least obtain non-identifying information without going through the CNAOP? No, the law requires going through the CNAOP for any request for access to origins. It collects the information.
• What if my biological mother is deceased? You can request non-identifying information kept in the file from the CNAOP. The identity can be disclosed if she authorised it during her lifetime, otherwise it remains secret.
• Does the biological father have any rights? Yes, the father who recognised the child before or after birth can also request the lifting of anonymity, but must go through the CNAOP. If he was not identified, the child will not be able to find him.

Are you in a similar situation? A 30-minute initial consultation with Maître Perucca (£45) can save you months of proceedings — and often much more. Book an appointment →