The senators adopted at first reading, this Thursday, June 10, 2021, a bill ofAnne-Catherine Loisier (Côte-d’Or, Centrist Union) aiming to give a last name to stillborn children. Either that of the father, or that of the mother, or the two names side by side in the order chosen by them.
This proposal, which seems to be reaching a consensus, aims to fill a legal void and help parents mourn their child. A 1993 law had already authorized the entry in the register of deaths of a child who was not born alive or viable.
Two 2008 decrees completed the system. The first specified that this registration is conditional on the production of a medical certificate attesting to the birth of the mother; de facto excluding abortions. The second, that unmarried couples whose first child is stillborn can obtain a family record book to register their “lifeless child”.
A 2009 circular then recognized the right of parents to be able to choose one or more first names for it, to organize a funeral within ten days, to benefit from maternity and paternity leave and a specific allowance issued by the family allowance fund.
The addition of the name of the father, the mother or both completes the device by giving, in a way, a complete official existence to the child. Even though it is still not a civil status
, the senators not recognizing to the lifeless child
a legal personality, to avoid any possible effect, in particular in matters of filiation and inheritance.
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