The childbirth under X indicates the possibility for a mother of not giving her identity during the childbirth.
This procedure makes it possible for all future mother to give birth to her child and to ask for adoption without obligation to reveal her identity. The childbirth under X deprives forever the child of any possibility of finding its origins when his/her mother did not considered to be useful to leave information.
Procedure with maternity
A mother who wishes to be confined anonymously must be received in the maternity, which it is in a public corporation, private, officially agreed or not, without obligation to reveal her identity. She must inform the medical team of her wish. To respect its choice, no identity paper can be to him required, nor no carried out survey.
However, as of the admission, the provisions to be taken in the event of accident will be considered with the accommodated person. To this end, her identity and the name of a person to be warned in the event of complication will be given to the administration under sealed envelope which will be returned to its owner at the time of his departure from the hospital.
With preventive measure, the medical team must inform him of the legal consequences of the abandonment of the child and importance for this one which information has on its history and its origin. If the mother wishes it, it can put under sealed envelope (kept then by the administration) all information which she wishes to transmit to the child if this one, become adult, would wish to know his biological identity (photo, letter…).
The mother is invited to leave information on:
- her health and that of the father;
- circumstances of the birth of the child;
- origins of the child;
- his identity…
In the case of a secret childbirth, the birth notification is made by hospital staff. No mention will be made on the registers of Civil Status Office concerning the mother, nor the father if this one is not made known. It is no longer made any mention in the acts of the Civil Status of “unknown father and mother”. The headings concerning the parents are simply not filled.
The mother will have to be informed that she can give information which doesn't undermine and which will allow the child to be informed of some elements on his origin, on the history of his birth.
If the mother did not want to express herself at the time of the birth, she will always be able to do it, whether it is to reveal her identity or to supplement the information given. In the same way, the mother who did not ask for the secrecy during her admission can however ask, in the three days which follow the childbirth, so that her identity not appear in the birth certificate.
At birth, three first names will be allotted to the child, the third acting as patronymic until a possible adoption. These first names will be chosen by the mother if she wishes it, if not by the officer of civil statue (art.57-al.2 of the civil code).
Any first name registered in the birth certificate can be selected like usual first name.
Time for consideration
The initial abandonment of the child remains provisional for 2 months after the childbirth, times granted to the mother to reconsider her decision and to recognize the child even if she already signed the act of handing-over of her child. The father has the same rights, insofar as he knows the identity under which the child was declared During this period, the child is not acceptable. These 8 past weeks, the child is allowed like pupil of the State and can then be proposed for adoption.
The mother has the choice to entrust the child to the Social security with the Childhood or an adoption association approved by the State with which contacts can be established before the childbirth either by the mother, or by the accompanying professional, at the request of the mother.
The law plans the assumption of responsibility, by the childhood social security service of the department of the headquarters of the institution, of the expenses of lodging and childbirth for the women who entrust their children for adoption without asking for the secrecy of their identity. In the same way, for the women who asked so that the secrecy of their identity be preserved.
The law known as “Royal Law ”
By a law of January 22nd, 2002, Ségolène Royal created the National council for the Access at the Personal Origins (CNAOP). The mothers are invited to give a declaration concerning the history or the identity of the child who could be consulted later on by the child. The CNAOP can also collect the information deposited by descendants or ascending close or collateral. It can collect information relating to the health of the child just without it being referred to the identity of the mother or the father. It can inform the mother who would like to know if his/her child engaged of research to find her.
The information collected by the organization will be revealed only on request of the newborn in the secrecy and only with the authorization of the mother or the father.
If the relative of birth identified is deceased, the CNAOP can communicate its identity to the child or get in touch with relatives.
After the death of the birth parents, a child who makes the request will be able to reach the history of his origins or get in touch with relatives, provided his/her birth parents were not formally opposed to it being alive.
To help you in your research
If you were adopted and that you wish to know the identity of your birth parents, formulate a written request with the CNAOP. Specify in your mail the aim of your approach , your contact information, birthday and birth place, the organization which collected you at birth, the court which possibly pronounced the adoption, and research which you already undertook and their result.
You can also address to the president of the general council of your department to obtain your file. Claim at the administrative services concerned, the integral copy of your birth certificate and your medical birth file.
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