A surname to children born lifeless

Parliament adopted a bill to appoint children born without life, to support parents in their bereavement.

Losing your baby when he has just been born is a terrible ordeal for parents also called “paranges”. After a vote in the Senate last June, Parliament adopted, this Friday, November 26, a bill that will allow them to choose the first and last name of their baby born lifeless and thus accompany them in the mourning from their child to birth, “The child born without life is not nothing. It belongs to the family. It is a question of” not adding oblivion to the unbearable tragedy “, declared the Minister of Justice Eric Dupond-Moretti Filed by Senator Union centrist de la Côte-d’Or Anne-Catherine Loisier in December 2020, this bill already provided for the first names and the surname of the child to be stated on the document read by the registrar, who then enters it in the death registers.

A first and last name to children born without life

An amendment of June 2, 2021 specifies that parents can choose to include: the first names of the child as well as the name, which can be “either the name of the father, or the name of the mother, or their two names joined” in the order of their choice, “within the limit of one last name for each of them”.

On the other hand, the text specifies that the choice of first names and surnames does not no legal effect, in particular as regards filiation or even inheritance. It is therefore a symbolic measure. “Giving a name, alongside the first name, would make the symbolic recognition of the lifeless child more consistent and would follow the same compassionate logic as that desired by the legislator when creating article 79-1 of the Civil Code. in 1993. Some families do not understand the in-between “current according to which one can choose a first name, but not a last name”, specified the Senate.

Remember that a circular dating from 2009 allowed parents who lost their child at birth to give it one or more first names, and to organize a funeral. They then have 10 days from the delivery to claim the body of the little being. They can also benefit from maternity and paternity leave as well as a specific allowance paid by CAF. For the rapporteur Béatrice Descamps (UDI), this new bill brings “a human response to all families”.

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