(July 23, 2010) On July 8, 2010, the Cour de Cassation, France's Supreme Court for civil and criminal matters, ruled that a judgment rendered by the Superior Court of the County of Dekalb, Georgia, authorizing the adoption of a child by the female partner of the mother, is not contrary to French public order and, therefore, is recognized in France (Arrêt n. 791 du 8 juillet 2010 (08-21.740) – Cour de Cassation – Première chambre civile, Cour de Cassation website, http://www.courdecassation.fr/jurisprudence_2/premiere_chambre_civile_56
8/791_8_16916.html (last visited July 23, 2010)).
Mrs. X, a French physician established in the United States, had entered into a domestic partnership with Mrs. Y, an American citizen, also a physician. In 1999, Mrs. Y gave birth to a baby girl following her artificial insemination by an anonymous donor. The Superior Court of the County of Dekalb, Georgia, authorized the adoption of the child by Mrs. X based on the best interests of the child. As a result of the adoption, the birth certificate of the child named Mrs. Y as the mother and Mrs. X as a “parent,” with both exercising parental authority. (Id.)
The Paris Court of General Competence and then the Paris Court of Appeal had denied the enforcement of the judgment on the ground that it was contrary to French public order. (Id.) Same sex-couple adoptions are not currently allowed in France.