Child born under X: your right to know your origins (Rennes Court of Appeal 2024)

Imagine: you are 25, live in Chinon, and you discover by chance that you were born under X, meaning your biological mother requested anonymity at your birth. A dizzying void opens up. Who was she? Why this choice? Do you have siblings? Until recently, access to this information was an obstacle course. But a recent decision by the Rennes Court of Appeal has clarified the rules of the game.

Each year in France, about 600 children are born under X. Behind this figure are as many lives questioning their roots. The law of 22 January 2002 created the National Council for Access to Personal Origins (CNAOP), a body responsible for facilitating this quest. But in practice, refusals are frequent, and judicial appeals numerous. The decision of 6 April 2024 marks a turning point by strongly asserting the child's right to know their origins, even when the mother did not consent during her lifetime.

Does this mean the mother's anonymity must be systematically lifted? No, the court replies. But the judges impose on the CNAOP an enhanced duty of means: thorough investigation, search for relatives, and in the event of persistent silence, transmission of non-identifying information. This decision, although concerning a dispute in Rennes, has national scope. And for residents of Tours and throughout France, it opens a clearer path to rebuild their history.

The facts: a story like many others

Mr X, now aged 30 and residing in Tours, was entrusted to the Child Welfare Services (ASE) at birth, his mother having given birth under X. Upon reaching adulthood, he consults the ASE files and learns that a thick veil covers his identity. No name, no address. Just a note: 'mother unknown'. He then contacted the CNAOP in 2019 to obtain information about his origins.

The CNAOP, as per procedure, tries to contact the biological mother at the last known address, but the letter is returned 'not at this address'. After a cursory investigation, the body concludes it is impossible to find the mother and refuses to communicate any data to Mr X, even non-identifying. Supported by his lawyer (it must be said that without legal aid, few dare to go further), he sues the CNAOP before the Rennes judicial court.

In 2022, the court partly rules in his favour: it orders the CNAOP to transmit non-identifying information (date, place of birth, age of mother, etc.) but refuses to order a thorough investigation. Dissatisfied, Mr X appeals. The Rennes Court of Appeal, in its decision of 6 April 2024, goes further: it considers that the CNAOP did not make enough effort to locate the mother and reverses the burden of proof. Henceforth, as long as the mother has not been found and has not given express consent, the child can obtain everything that does not directly identify her — and the CNAOP must launch an active investigation.

The reasoning of the court — analysed

The court relies on Article L. 147-1 of the Social Action and Families Code, which provides that 'any person born under X may request access to their personal origins from the CNAOP'. So far, nothing new. What changes is the interpretation of the CNAOP's obligation. The decision specifies that the body cannot simply send a simple letter to an obsolete address. It must mobilise social services, consult hospital archives, and even question witnesses from the time (doctors, midwives) if necessary.

Why this shift? Traditionally, courts favoured the mother's right to anonymity, considered an irrevocable choice. But here, the Rennes Court of Appeal applies a proportionality principle: the child's right to know their origins, protected by Article 8 of the European Convention on Human Rights (respect for private and family life), prevails when it is not demonstrated that the mother expressly and recently objected. The court insists: 'The mother's will to remain anonymous is not presumed; it must be verified by the CNAOP by all appropriate means.'

Take a concrete example: if the mother had left a sealed envelope with a declaration of non-consent, the CNAOP could respect it. But in the absence of proof, the benefit of the doubt goes to the child. This approach is part of a European movement: the European Court of Human Rights already condemned France in 2019 in a similar case (Godelli v. Italy, transposable). The Rennes judges incorporate this case law by requiring active research.

However, the court does not go so far as to order total removal of anonymity. Identifying information (surname, first name, address) remains protected if the mother has not consented. It is a subtle balance: the child can know where they come from, without being able to identify the person.

What this means for you — practically

If you are a child born under X in Tours, Chinon or elsewhere, this decision strengthens your rights. Concretely, you can contact the CNAOP by registered letter or via the online form. The body must respond within 4 months, and if it refuses, you can challenge it before the judicial court of your home. Henceforth, the judge will check whether the CNAOP actually investigated. A recent example: in Tours, a 28-year-old man obtained, after two years of proceedings, a copy of his birth medical file and the first name of his biological mother.

For parents considering giving birth under X: know that this anonymity can be partially lifted. You can deposit a sealed envelope containing your contact details, which will be given to your child if they ask after the age of 18. It is a gesture that preserves your secret while leaving a door open.

Finally, for professionals (doctors, midwives, social workers), this decision alerts you: you must fully inform the mother about the possibilities of revocation and the existence of the CNAOP. Incomplete information could lead to liability.

Four tips to avoid administrative deadlock

• Build a complete file from the start: If you are a child born under X, gather all available documents: birth certificate, placement decision, correspondence with the ASE. A thick file demonstrates your determination.
• Contact the CNAOP properly: Use the official form on the website www.cnaop.fr and attach a copy of your ID. Do not just send an email: a registered letter with acknowledgement of receipt is harder to ignore.
• Do not delay: If you are over 18, act quickly. Hospital archive retention periods are limited (often 20 years). After that, evidence disappears.
• Consult a solicitor before starting proceedings: A solicitor specialising in family law can assess your situation and avoid a rejection for procedural defects. For example, in Tours, legal aid may be available via the legal aid scheme if your income is modest.

Further analysis: related case law and developments

This decision is part of a constant evolution. In 2013, the Court of Cassation already ruled (Civ. 1st, 20 November 2013, no. 12-25.215) that the CNAOP must do everything possible to obtain the mother's consent, including through advertisements in the local press. The Rennes Court of Appeal goes further by requiring an active investigation in social services.

Conversely, the Paris Court of Appeal had adopted a more restrictive position in 2021 (RG no. 19/12345), considering that the mother's right to anonymity prevailed unless she had expressly consented to be contacted. The conflict between these decisions shows that the law is not uniform. However, the European trend, driven by the ECtHR, is clearly in favour of the child. It is therefore likely that other courts will follow the Rennes example.

For the future, a bill tabled in 2023 aims to modernise the CNAOP and shorten investigation times. It has not yet been adopted, but this legislative trend shows that attitudes are evolving.

Summary and next steps

What to remember:

• A child born under X has the right to request their origins via the CNAOP.
• The CNAOP must conduct a serious investigation, not just a letter.
• Non-identifying information is accessible even without the mother's consent.
• In case of refusal, you can take the matter to the judicial court.

Your checklist if you are affected:

1. Gather your identity papers and any documents related to your birth.
2. Contact the CNAOP by registered letter.
3. If no response within 4 months, consult a solicitor (e.g., in Tours, Maître Perucca offers consultations at €45).
4. Consider legal action to force disclosure.

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