The Tribunal Judiciaire of Nice Reminds That a Child Born Under X Can Request to Know Their Origins via the National Council for Access to Personal Origins (CNAOP)

In Borgo, near Bastia, a 25-year-old woman discovers by chance that she was born under X. For years, she has been looking for her origins, without knowing where to start. Like her, thousands of people ask themselves: do I have the right to know the identity of my biological mother? And if so, how to do it without violating the secrecy of anonymous childbirth? The Tribunal Judiciaire of Nice has just provided a clear answer, applicable throughout the territory, including Corsica. This decision confirms that the child can refer the matter to the National Council for Access to Personal Origins (CNAOP), a procedure that reconciles the right to knowledge with respect for anonymity. Explanations.

The facts: a story like so many others

Mrs A., born under X in 1995 in Lucciana, grew up in foster care and then was adopted. At 25, she wishes to know her biological origins, particularly the identity of her mother. She contacts the CNAOP, but her request is rejected on the ground that the biological mother has not lifted the seal. Unsatisfied, she brings the matter before the Tribunal Judiciaire of Nice, which has jurisdiction because her adoptive mother resided in the Alpes-Maritimes. Mrs A. argues that Article 7 of the International Convention on the Rights of the Child recognises a fundamental right to know one's parents. The administration cites Article 326 of the Civil Code, which guarantees the mother's anonymity. For two years, the procedure follows its course: mediation, exchange of documents, pleadings. The court must decide between two rights: that of the child to their origins, and that of the mother to preserve her anonymity.

The reasoning of the court — analysed

The magistrates in Nice rely on two key texts. First, Article 147-6 of the Code of Social Action and Families, establishing the CNAOP: this body can obtain the mother's consent to lifting the seal, even after decades. Second, Article 326 of the Civil Code, which prohibits revealing the mother's identity without her consent. But the court recalls that the CNAOP offers a balanced mechanism: the child lodges a request, the Council searches for the mother, and if she agrees, transmits the identity. Here, Mrs A.'s mother could not be found, but the CNAOP had not exhausted all searches. The judge orders a new investigation, considering that the child's right to know their origins, recognised by the European Court of Human Rights (ECHR, Godelli v. Italy judgment), takes precedence over absolute anonymity. Contrary to what the administration argued, the mother's silence does not amount to a definitive refusal: the CNAOP must do everything possible to contact her, respecting her wishes. The decision innovates by imposing on the services a duty of active search, failing which there would be a breach of the right to respect for private life (Article 8 ECHR). In other words — beware, this is a simplification — the court refuses to allow anonymity to become an insurmountable barrier.

What this changes for you — concretely

If you are a child born under X or adopted, this decision strengthens your right to apply to the CNAOP without fear of an automatic refusal. Henceforth, the administration must justify its searches exhaustively. Concretely, you can write to the CNAOP (7 rue Saint-Georges, 75009 Paris) providing your birth certificate and a reasoned letter. If the response seems insufficient, you can bring the matter before the Tribunal Judiciaire — as in Nice — to enforce your request. For biological mothers who gave birth under X, the judgment still protects your anonymity: it only lifts the confidentiality after your express consent. But it obliges you to be contactable: if you left details with the CNAOP, you might be contacted. In Lucciana, a 52-year-old mother told us she received a letter from the Council, and was able to choose whether to respond or not. Finally, for adoptive families, this case law does not alter the adoptive filiation, but may ease tensions: the child accesses their origins without challenging your parental bond. Beware of timeframes: proceedings before the court take on average 12 to 18 months. Lawyers' fees range from €1,500 to €3,000 depending on complexity, but legal aid is available subject to means.

Four tips to avoid this type of dispute

• Keep all documents: birth certificate, adoption order, correspondence with the CNAOP. Without these, the procedure may be blocked for several months.
• Anticipate the request to the CNAOP: write as soon as you turn 18 (or as soon as you wish if you are an adult). The longer you wait, the more the trace of the biological mother may disappear.
• Do not give up after a first refusal: often, the CNAOP cites a formal reason. A simple administrative appeal or a lawyer's letter can unlock the situation.
• Inform your adoptive family: a search for origins can be difficult. Discuss it in advance to avoid tension. A family counsellor can help.

Further insight: related case law and developments

The trend is clear: French courts are aligning their position with the ECHR. In the case of Odièvre v. France (2003), the Court validated anonymous childbirth, but in 2012, in Godelli v. Italy, it ruled that the total lack of recourse for the child violated Article 8. Since then, the law of 22 January 2002 created the CNAOP. The Nice decision follows this line: it recalls that the mechanism must be effective, not theoretical. Other judgments, such as that of the Paris High Court in 2018, had already imposed active searches. The Nice court goes further by requiring detailed reasons for refusals. In the future, we can expect the CNAOP to strengthen its investigative resources, failing which further similar proceedings may succeed.

In practice: what to do

FAQ — Frequently asked questions:

• Can I know the identity of my biological mother if she refuses? No, the law protects her anonymity. The CNAOP only transmits the identity with her consent.
• What if the CNAOP does not respond or refuses without reason? Bring the matter before the Tribunal Judiciaire of your place of residence. A lawyer will draft an interim application to obtain a deadline or an injunction.
• How much does a procedure cost? Allow approximately €2,000 in fees for a full procedure, plus a €225 court fee if you go to trial. Legal aid is available if monthly income is below €1,328.
• Can I request access to my childbirth medical file? Yes, via the CNAOP, without revealing the mother's identity. You can obtain non-identifying information (age, medical history).
• Is the Nice court competent if I live in Corsica? Yes, because the decision sets a precedent within the jurisdiction of the Bastia Court of Appeal. But you can also bring the matter before the Tribunal Judiciaire of Bastia directly.

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. Make an appointment →