Valérie Gas and Nathalie Dubois had a girl in 2000 but for France, this child has only one mother Nathalie Dubois. Valerie is not recognized as her mother and cannot adopt her, the court of Nanterre in 2006, refused this request pretexting that it was not in the interest of the child because that would involve a loss of the parental authority. To share the parental authority you have to be a married couple but the marriage is not allowed in France for gay and lesbian couples.
Already last year, a Frenchwoman had to complaint at the European court against France because the country refused that ishe can adopt a child because of her homosexuality. The European court had then condemned France and gave the possibility to this Frenchwoman to adopt.
This time, at the audience, Caroline Mécary, the lawyer of the couple, underlined the difference of treatment the French right imposes between the children of same sex couples and straight couples. She also said that sharing the parental authority, that the French government consider as a possible answer to the situation of these children, stops at the majority of the child and does not allow transmission of name nor of materials.
“A country has the duty to protect all the families," said the lawyer. "The country could not take pretext of the sexual orientation of the couple which raises a child to differently treat this child on the justice level.”