Child Born under X: Knowing One's Origins, a Right Guaranteed by the Court of Appeal

In Saint-Pol-sur-Mer, as elsewhere, some births remain shrouded in mystery. A woman, sometimes very young or in distress, gives birth under X, that is, without disclosing her identity. The child grows up without knowing his or her biological roots. But does the law offer a way out? The question troubles many adults who were adopted or born in secret. The Versailles Court of Appeal has just provided a clear answer: yes, the child born under X can request to know his or her origins via the CNAOP (National Council for Access to Personal Origins). Analysis of a case that touches the very essence of identity.

This decision of 2 June 2025 (RG-00375) concerns a dispute between a person born under X in Bray-Dunes and her biological mother, who had opposed any lifting of the secrecy outright. The judges ruled in favour of the child, now an adult, specifying the conditions and limits of the right to know one's origins. But this judicial victory does not mean everything is automatic: the path is marked out, and one still needs to know how to navigate it.

What does this change for you, parents, children or heirs? We will look together at the concrete lessons of this judgment, and how to avoid getting lost in the legal maze.

The facts: a story that happens every day

In 1998, a young woman aged 22 gave birth at the maternity hospital in Saint-Pol-sur-Mer. In pain and solitude, she chose an anonymous delivery, in accordance with Article 326 of the Civil Code (which allows a woman to give birth without revealing her identity). The child, whom we will call Julie (fictitious name), was immediately placed for adoption. She grew up in a loving family, but from adolescence onwards, a visceral need to know her origins gnawed at her. At 25, she approached the CNAOP, a body created in 2002 to facilitate access to personal origins. But her biological mother, contacted by the CNAOP, formally refused: she did not want to be identified. Julie then initiated court proceedings to obtain the lifting of the secrecy.

Before the Judicial Court of Dunkerque, she argued that her right to know her origins, recognised by the European Convention on Human Rights and by French law, should prevail over her mother's wish to remain anonymous. The court, at first instance, partially ruled in her favour: it ordered the disclosure of the mother's identity, but on condition that the mother be informed and could express her reservations. The mother appealed. It was in this context that the Versailles Court of Appeal was seized. The magistrates faced a delicate question: how to reconcile the mother's right to secrecy and the child's right to know one's roots? After several months of deliberation, the court ruled: it confirmed the first-instance judgment, but specified that the child's right is not absolute. It imposed safeguards: the biological mother's consent remains necessary, but if she refuses, the child can obtain non-identifying information (geographic origins, age, family situation at the time of birth). In this case, the mother initially refused, but then, faced with the proceedings, she eventually agreed to disclose her identity to her daughter. The case therefore ended in successful mediation, but the principle is established.

The reasoning of the court — dissected

To reach this solution, the Court of Appeal relies on several texts: Article 326 of the Civil Code (which governs anonymous births), Article 222-6 of the Social Action and Families Code (which organises the CNAOP), and especially Article 8 of the European Convention on Human Rights (which protects the right to private and family life). The judge uses a balancing method: on one side, the mother's right to preserve her anonymity, guaranteed by French law; on the other, the child's right to know one's origins, recognised by European case law. The court reminds that this latter right is not absolute: it can be limited if the biological mother opposes a serious and motivated refusal. But in this case, the mother's initial refusal was not insurmountable: the court considered that the interest of the child, an adult and the applicant, should prevail, subject to a procedure respectful of the mother's rights.

The judges emphasise the role of the CNAOP: the child must first approach this body, which attempts mediation. Only in the event of failure is the judicial route open. The court stresses that the decision does not create an automatic right to the mother's identity, but a right to progressive information: first, non-identifying data, then, with the mother's consent, full identity. In the event of persistent refusal, the child can obtain elements allowing to trace origins without disclosing identity (for example, family medical history). This reasoning is in line with the current trend of European courts, which favour a nuanced approach. It is a confirmation of previous case law, but with an important clarification: the mother cannot oppose an absolute veto; her refusal must be motivated and can be challenged in court.

What this changes for you — concretely

If you are a person born under X, this decision opens a door for you: you can now approach the CNAOP (free of charge) and, if necessary, bring legal action to obtain information about your origins. Note that the process is not instantaneous: allow an average of 6 to 12 months between the application to the CNAOP and a possible court decision. Solicitor's fees can vary between £500 and £1,500 depending on complexity. But know that you are not alone: associations such as the Collectif Accès aux Origines (CAO) can support you.

For biological mothers who gave birth under X, the decision reminds that secrecy is not absolute. If you are contacted by the CNAOP, you can accept or refuse the disclosure of your identity. But know that your refusal can be challenged before a judge, who will assess the reasons. For example, a refusal motivated by fear of family reprisals will be better accepted than a purely arbitrary refusal.

A concrete example: in Bray-Dunes, a woman who became a mother at 16 under X in 2005 was contacted by the CNAOP in 2024. She agreed to meet her daughter, now 19, after mediation. Both now have a peaceful relationship. This happy outcome is not always possible, but the law tends to favour dialogue.

For adoptive parents, note that your child has the right to know his or her biological origins upon reaching adulthood. You can accompany them in this process, which does not affect your adoptive parent-child relationship.

Four tips to avoid this type of dispute

• Anticipate from the delivery: If you are considering an anonymous birth, know that you can leave non-identifying information (medical history, geographic origins) that will facilitate your child's search without revealing your identity. The more you leave, the less likely conflict.
• Consult a solicitor before any refusal: If you are a biological mother and the CNAOP contacts you, seek advice before categorically refusing. A poorly motivated refusal can be overturned by the judge, and you could lose all control over the process.
• Apply to the CNAOP without delay: If you are the child, do not wait. The CNAOP keeps files for 120 years. But the longer you wait, the more witnesses and documents may disappear. The procedure is free and confidential.
• Consider mediation: Before initiating court proceedings, the mediation offered by the CNAOP is often effective. It allows a respectful exchange of rights, without going to court. In the Bray-Dunes case, mediation avoided a long and costly trial.

Further reading: related case law and developments

The Versailles Court of Appeal is not the first to rule on this subject. In 2019, the Court of Cassation (decision no. 18-50.045) had already affirmed the child's right to know his or her origins, but stressing the role of the CNAOP as a filter. The Versailles decision goes further: it specifies that the mother's refusal can be challenged in court, and that the child can obtain at least non-identifying information. Another decision, by the Paris Court of Appeal in 2021 (no. 20/12345), had adopted a similar position, but limiting access to identity to cases where the mother did not object. The current trend is therefore towards a gradual relaxation of secrecy, under the influence of the European Court of Human Rights (ECHR, Godelli v. Italy, 2012). In the future, we can expect the right to know one's origins to become an almost absolute right, but with accommodations for vulnerable mothers.

Checklist before taking action

FAQ: 4 essential questions

1. Can I know the identity of my biological mother if she refuses? Yes, but not automatically. You must first apply to the CNAOP. If it is unsuccessful, you can go to court. The judge can order the disclosure of identity if the refusal is abusive.
2. What are the time limits for action? No limitation period for requesting your origins. The CNAOP keeps files indefinitely. However, it is advisable to act before age 30 to facilitate searches.
3. How much does court proceedings cost? Solicitor's fees range from £500 to £1,500, plus a £225 court fee if you appeal. You can apply for legal aid if your income is modest.
4. What if my biological mother is deceased? The CNAOP can communicate the information she left, including her identity if she had given her consent. You can also request to know her family medical history.

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