The European Court of Human Rights (ECHR) rejected Thursday, September 7 the request of two people born from PMA who asked France for access to their origins and in particular to medical data on their parent.
In its judgment, the Court considers that the “refusal to disclose data relating to gamete donors to applicants born from an MAP does not breach Article 8 of the Convention”on the right to respect for private and family life.
The case opposed, since 2018, Audrey Gauvin-Fournis and Clément Silliau, born in the 1980s with a third-party donor, to the French State for a refusal of access to information on their respective parents.
“Legislative choice”
According to the Court, “the situation denounced by the applicant and the applicant stems from the choices of the
legislator ». Indeed, the lifting of anonymity for donors only dates back to September 2022, when the bioethics law came into force, with a new mechanism for access to origins, subject however to the donors’ consent.