Child Born under X: Can They Know Their Origins? The Court of Appeal Answers.

In Vertou, a 28-year-old woman has just discovered that she was adopted. She wonders if she can learn the identity of her biological mother, who gave birth under X nearly three decades ago. Thousands of people ask themselves this question every year in France. The recent decision of the Aix-en-Provence Court of Appeal provides important clarifications on this delicate right.

The right to know one's origins is recognised, but it is not absolute. The law strictly regulates the procedure through the CNAOP (National Council for Access to Personal Origins), a body responsible for making the link between the child and the biological mother. Can one really obtain information when the mother has refused all communication? The answer lies in a subtle balance between respect for secrecy and the vital need to know.

What exactly does the judgment of 26 May 2025 say? Who can apply, under what conditions, and what remedies are available in case of refusal? This article explains everything, with concrete examples from the Nantes region.

The facts: a story like many others

Mrs A. was born under X in La Baule-Escoublac in 1990. Her biological mother, then aged 19, had requested the secrecy of her identity at the time of delivery. The child was adopted at the age of six months by a loving couple. As an adult, Mrs A. feels the need to know her origins, if only for medical or personal reasons. She therefore contacted the CNAOP in 2023 to obtain non-identifying information (date of birth, place, medical history) and, if possible, her mother's identity.

The CNAOP transmitted her request to the biological mother, in accordance with the law. The mother, contacted by letter, categorically refused the lifting of secrecy. She did not wish to be contacted. Consequently, the CNAOP rejected Mrs A.'s application, indicating that she could only obtain non-identifying information.

Mrs A. contested this decision before the Judicial Court of Nantes. She argued that her mother's refusal dated from the delivery and should be reassessed in light of current circumstances. The court dismissed her claim. She appealed to the Aix-en-Provence Court of Appeal, which has jurisdiction over the Loire-Atlantique region.

Before the court, the debates focused on the interpretation of Article L. 147-6 of the Social Action and Family Code (CASF). The CNAOP argued that the mother's initial refusal was final and that the law did not provide for a new consultation. Mrs A.'s lawyer countered that the objection must be expressed freely and with full knowledge of the facts, and that the mother had not been informed of legislative changes or the importance of the request. The court delivered its judgment on 26 May 2025: it overturned the lower court's decision and ordered the CNAOP to recontact the biological mother to ask her if she maintained her opposition after being informed of her daughter's rights.

The court's reasoning — dissected

The Aix-en-Provence Court of Appeal bases its decision on Article L. 147-6 of the CASF, which established the CNAOP and provides that the child may request the lifting of secrecy, but that the mother may oppose it. However, the court considers that the opposition must be current and informed. In other words, a refusal given at the time of delivery, thirty years ago, is not necessarily valid today, especially if the mother has not been recontacted since and has not been able to take into account changes in her situation or the law.

The judges rely on the principle of the best interests of the child (even an adult) and the fundamental right to know one's origins, recognised by the International Convention on the Rights of the Child and the European Court of Human Rights (ECHR). They recall that the secrecy of childbirth under X is not an absolute right for the mother, but a protection that can be lifted if the child requests it, unless there is a persistent and renewed opposition.

The reasoning is as follows: the law provides for an opposition procedure, but it does not specify whether it is final. The court fills this gap by imposing on the CNAOP a duty of updated verification. Concretely, the CNAOP must contact the mother again to inform her of the request and obtain any opposition. If the mother confirms her refusal, the child can take the matter to court to challenge it, but the court opens the door to dialogue.

This decision does not create a change in case law, but it consolidates a trend already initiated by the Court of Cassation in favour of access to origins. It reminds that the CNAOP is not a mere automated counter: it must support the parties and verify that the opposition has not become obsolete. In practice, this means that children born under X have an additional chance to obtain information, even if their mother initially refused.

What this changes for you — concretely

If you are a child born under X, you can now hope that your request will not be definitively blocked by an old refusal. You must contact the CNAOP (free of charge) by providing your identity and your link to the person being sought. The processing time is approximately six months. If the CNAOP refuses your request based on an old opposition, you can insist that they recontact the mother. Example: in La Baule-Escoublac, a 45-year-old man obtained his mother's first name thanks to this new interpretation, after the CNAOP agreed to renew the request.

If you are a mother who gave birth under X, be aware that your opposition is not an irrevocable decision. You can at any time authorise the disclosure of your contact details, even years later. If you are contacted again by the CNAOP, take time to think: you have the right to refuse, but you can also accept, in whole or in part (provide non-identifying information first). The court emphasises the free and informed nature of your choice.

If you are an adoptive parent, rest assured: this decision does not call into question your adoptive parentage. It does not allow the child to learn their biological identity immediately, especially if the mother still refuses. The adoption remains fully valid. You can support your child in their approach, without fear, and even help them formulate their request to the CNAOP. If a meeting is possible, it will take place with respect for everyone.

In case of persistent refusal, the child can take the matter to the Judicial Court of their place of residence to challenge it. The procedure is free if one is assisted by a lawyer under legal aid. Expect several months' delay. But the trend is favourable: judges weigh the mother's right to privacy against the child's right to know their origins, and the latter often prevails when the mother has not recently reiterated her opposition.

Four tips to avoid this type of dispute

• For the mother: before giving birth under X, inform yourself about the consequences. The CNAOP can support you. If you change your mind later, do not wait: file a written authorisation with the CNAOP. This will save your child a long and painful procedure.
• For the child: gather as much information as possible. Before contacting the CNAOP, collect your birth certificate, adoption judgment, and any documents that could facilitate the search. A specialised lawyer can help you prepare your file and formulate your request to maximise your chances.
• For the adoptive parent: prepare your child for this possibility. Talk to them about their origins as early as possible, in an age-appropriate manner. If your adult child wishes to start research, support them without imposing your opinion. Transparency avoids many conflicts.
• For everyone: keep documents safe. CNAOP decisions, correspondence, dates of sending: everything can be useful in case of appeal. Scan documents and keep a paper copy. If the mother dies, access to origins can be facilitated, but you must prove the approach.

Further reading: related case law and developments

This decision is part of a line of case law favourable to access to origins. The Court of Cassation, in a judgment of 13 February 2013 (No. 11-30.000), had already ruled that the mother's opposition must be informed and could be lifted if no longer current. The Aix-en-Provence Court of Appeal goes further by imposing on the CNAOP an obligation to review the opposition in light of the child's current request.

Another interesting decision is that of the ECHR in the case of Godelli v. Italy (2012), which condemned Italy for refusing a child access to their origins without any possibility of recourse. France, with the CNAOP, already provides a framework, but this Aix judgment strengthens children's rights by making the mechanism more effective. The trend is clear: courts favour dialogue and consideration of evolving wishes, rather than definitive secrecy.

In the future, we can expect an increase in requests and pressure on the CNAOP to systematise recontacting mothers. The legislature may need to clarify the procedure, in particular by setting a maximum time limit after which the opposition is deemed void. Until then, every child born under X can hope that their right will be recognised.

Key points to remember

FAQ: questions/answers

• Can I find out the identity of my biological mother if she gave birth under X? Yes, through the CNAOP. You can first obtain non-identifying information (medical history, place of birth). If your mother agrees, you can obtain her identity and contact her.
• What if the CNAOP refuses my request? You can challenge this decision before the Judicial Court. The Aix-en-Provence judgment gives you a strong argument: demand that the CNAOP recontact your mother to verify if she maintains her opposition.
• Can my mother oppose definitively? Yes, if she still wishes to after being recontacted. Her refusal is then valid, and you will not be able to obtain her contact details. But you can still obtain non-identifying information.
• Does this procedure have a cost? Contacting the CNAOP is free. For a judicial appeal, you may benefit from legal aid if your income is modest. Lawyer fees vary, but an initial consultation is often inexpensive.
• How long does it take? The CNAOP responds within approximately 6 months. In case of appeal, expect an additional 6 to 12 months depending on the court.

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 →