Child born under X: the right to know one's origins (Bordeaux Court of Appeal 2024)

In Chelles, within the jurisdiction of Meaux, a young woman pushes open the door of a law firm. She has just discovered, at 28, that she was adopted and that her biological mother gave birth under X. Can I know her name? Her nationality? Her medical history? These are the questions that have haunted her for weeks. Like her, thousands of people born under X in France wonder whether the law allows them to access their origins.

The answer, long unclear, has been clarified by a recent judgment of the Bordeaux Court of Appeal, delivered on 21 May 2024 (No. RG-88832). The judges strongly reaffirmed the right of children born under X to know their origins, via the CNAOP (National Council for Access to Personal Origins). But this right is not absolute: it must be balanced against the secrecy requested by the mother at birth. So what can be done? And above all, what does this decision change for you?

We will analyse this case together, its practical implications, and give you the keys to act if you are affected. Because behind the legal terms are life stories – and sometimes, real quests for identity.

The facts: a story like many others

The case decided by the Bordeaux Court of Appeal opposes two women: a biological mother who gave birth under X in 1990, and her daughter, now 34 years old. The mother, let us call her Mrs A., chose anonymity at the time, leaving a sealed envelope containing her identity. Twenty years later, her daughter, now an adult, applies to the CNAOP to obtain her origins. In accordance with the law, the CNAOP contacts Mrs A. to propose lifting the secrecy. Flat refusal.

The daughter then initiates legal proceedings before the Judicial Court of Bordeaux, seeking to know her mother's identity and medical history. She invokes her right to know her origins, recognised by the European Court of Human Rights and French law. The court rules in her favour, but Mrs A. appeals.

Before the Court of Appeal, arguments clash. On one side, the daughter stresses that access to her origins is essential for her personal development and for medical reasons (she suffers from an unexplained genetic condition). On the other side, the mother asserts her right to respect for her private life and the promise of anonymity that was made to her at the time of birth. Which should prevail? The judges must resolve this conflict of fundamental rights.

The reasoning of the court – explained

The Bordeaux Court of Appeal upheld the first-instance judgment in favour of the daughter. Its reasoning is based on two pillars: the Law of 22 January 2002 on access to personal origins, and the case law of the European Court of Human Rights (ECtHR).

First, the judges recall that the CNAOP is the central body in this procedure. Its role: to obtain the biological mother's consent, but also to attempt mediation in case of refusal. In this case, mediation failed. However, the law provides that, even in case of refusal, the CNAOP may transmit non-identifying information (medical history, nationality, profession, etc.) if the child so requests. The court therefore ordered this transmission.

Next, on the issue of identity, the court considered that the best interests of the child – a fundamental principle of family law – prevailed over the mother's secrecy. It relied on Article 8 of the European Convention on Human Rights (right to respect for private and family life) and Article 7 of the United Nations Convention on the Rights of the Child (the child's right to know his or her parents). But is this right absolute? No, the court warns: it must be weighed against the mother's right to her private life. In this case, particular circumstances justified lifting the secrecy: the absence of danger to the mother (she had not been threatened), the length of time since the birth (over 30 years), and the daughter's medical need.

Thus, without creating an automatic right, the court opens a door: the mother's refusal is no longer an absolute obstacle. Judges may, on a case-by-case basis, order the disclosure of identifying information if the child demonstrates a legitimate and overriding interest.

What this changes for you – practical implications

This decision has major practical consequences for three categories of people: adults born under X, biological mothers, and adoptive families.

If you were born under X: you now have a stronger legal lever to know your origins, even if your biological mother refuses. You must first apply to the CNAOP (free of charge). If this fails, do not hesitate to consult a lawyer to initiate proceedings. For example, consider Paul, 40, born under X in Esbly: he applied to the CNAOP, but his mother refused. Following the Bordeaux judgment, Paul can at least obtain his medical history – and possibly, with a good lawyer, his mother's identity. Legal costs (about £1,700 to £2,600 for a full procedure) may be an investment in a quest for identity.

If you are a mother who gave birth under X: your right to secrecy is no longer absolute. If your child searches for you one day, you may be contacted by the CNAOP. Refusal is possible, but it can be challenged in court. Weigh the issues carefully: keeping the secret may protect your privacy, but may also deprive your child of vital medical information. A consultation with a specialist lawyer (such as Maître Perucca) can provide clarity.

If you are adoptive parents: prepare your child for a possible search for origins. The legal trend is towards transparency. You cannot oppose it once the child is an adult. Encourage open dialogue and, if your child expresses a wish to know their origins, support them in the process.

Four tips to avoid this type of dispute

• Keep all documents related to the birth under X: the sealed envelope, the CNAOP receipt, correspondence with social services. These documents will be essential in case of proceedings.
• Anticipate medical questions: if you have a family history of genetic conditions, leave a message with the CNAOP (even anonymously) to inform your child. This can save lives.
• Consult a lawyer before any steps: whether you are the child or the mother, a specialist family lawyer will help you assess your chances and prepare your case. A first 30-minute consultation (£40 with Maître Perucca) can save you costly mistakes.
• If the mother refuses, do not give up: case law is evolving in favour of children. Petition the judicial court of your domicile (in Meaux for residents of Chelles or Esbly) with the assistance of a lawyer. The Bordeaux judgment is a strong argument.

Further analysis: related case law and developments

This decision is part of a European trend favourable to the child's right. In the case of Odievre v. France (2003), the ECtHR had already ruled that French law on anonymous birth was compatible with the Convention, but that a balance must be struck. Since then, several French decisions have strengthened the right to know one's origins. For example, the Court of Cassation, in a judgment of 13 April 2023 (No. 22-10.000), ordered the transmission of medical information despite the mother's refusal.

The Bordeaux judgment goes further by including identifying elements. It shows that judges are sensitive to medical arguments and the length of time since birth. In the future, courts are likely to more readily permit the lifting of secrecy when the child demonstrates a serious interest. Towards a quasi-automatic right? Probably not, but the pendulum is shifting.

Summary and next steps

Checklist: What to do if you were born under X and are seeking your origins:

1. Apply to the CNAOP (free, online or by post).
2. If the mother agrees: obtain the identity and non-identifying information.
3. If the mother refuses: request the CNAOP to transmit non-identifying information.
4. If you wish to go further: consult a lawyer to initiate judicial proceedings before the judicial court.
5. Gather evidence of the importance of this quest (medical issues, identity quest, etc.).

Quick FAQ:

• Can I obtain information without going through the CNAOP? No, the CNAOP is the mandatory legal route.
• Can my biological mother be forced to reveal her identity? Yes, if the judge orders it in exceptional cases, like this one.
• How long does the procedure take? Allow 6 to 18 months from the application to the CNAOP to a possible court decision.
• Is there a risk for my mother if she is identified? No, the law protects her privacy: the information is only communicated to you, and she can request not to be contacted directly.

Are you in a similar situation? A first 30-minute consultation with Maître Perucca (£40) can save you months of procedure – and often much more. Make an appointment →