| Abstrakt: |
Research framework : The study focuses on the right to know the origins of the adopted child from a comparative law perspective. Objectives : The objective of the research is to provide an analysis of the French system, dating from January 22, 2002, and the one reformed in 2017 in Quebec, both of which provide access to access for adopted persons. identity of their original parents. Methodology : This study mainly uses a positivist methodology of legal research analyzing legislation, jurisprudence and doctrinal work, as well as comparative law (France / Quebec). Results : Research shows that France and Quebec have sought to reconsider the place of the history of the adopted child by substituting the principle of secrecy on origins for a logic favoring transparency. However, the balance between the child and the birth parents is often tilted in favor of the latter who can prevent the release of the secret, sometimes even until after death. Conclusions : The relaxation of the law towards more transparency is a step in the right direction, but the exercise seems incomplete as long as the question of the right to identity (including origins) - recognized in particular in the UN Convention rights of the child - adopted persons and those conceived through assisted reproduction, will not be discussed as part of a comprehensive law reform. Contribution : By analyzing the positive law in force in France and Quebec on access to the origins of adopted persons, this text helps to understand the issues relating to this question and the difficult opens up reflection on access to the origins of people conceived by medically assisted procreation. Research Framework : T he study focuses on the right to know one's origins of the adopted child from a comparative law perspective. Objectives : The objective of the research is to provide an analysis of the French law, dating from January 22, 2002, and the 2017 law in Quebec, both of which provide adopted people access to the identity of their parents of origin. Methodology : This study mainly uses a positivist methodology of legal research analyzing legislation, case law and legal literature, as well as comparative law (France / Quebec). [ABSTRACT FROM AUTHOR] |
