프랑스 비밀출산제도(l'accouchement secret)의 현황

Abstract

The anonymous childbirth is traditionally defined as the ability of a woman to give up her newborn at public services and the right to remain anonymous in the eyes of society. This legal fiction of French law allows a woman, to give birth and to give the newborn be raised without his identity or to liability. Different mechanisms-not all use the mechanism of legal fiction, but similar purpose- for example, ‘baby box(baby hatch)’ exist in other countries. In a case of the anonymous childbirth, the cost of accommodation and confinement of women who asked, upon admission to a public or private establishment, that the secret of their identity is preserved, are supported by the service welfare Child seat department of the institution. Accommodation costs and delivery in a public or private establishment of women who, without asking the secret of their identity, place their children for adoption are also supported by the welfare service Children's department, office of the institution. On this provision of French law, people in various fields have apresented their pros and contras. And anonymous childbirth system was the subject of numerous actions regarding: for example, the right of access to its origins. But the legislator in France have tride to solve the problem and to improve this system. Finally In 2002, the law for Access to Personal Origins (CNAOP), to facilitate the search for parents was enacted and has been positively evaluated. Recently, CNAOP and INED did a research on the current state of the anonymous childbirth in France. The survey of the anonymous mothers showed: the motivations for anonymous childbirth are varied(physical, psychological or social unable to take care of the child, lack of desire to raise the child and specially, trouble with baby's biological father or father absence of the child). The result of this research is informative and thought provoking.