From same-sex couples to same-sex families? Current French legal issues [2009] CFLQ 485

Current French law provisions enabling homosexual people to organise their family life can be divided into two sets of situations. The first considers the position of same-sex couples as such; the second situation deals with the new family set-ups, where children are raised by a same-sex couple. Although marriage is still forbidden for same-sex couples, Parliament has opened up the possibility, for those same-sex couples who wish to do so, to organise their common life together via a civil partnership (Pacs). As regards the two partners, the effects of a Pacs have been identical to those of marriage since 2007. With regard to the situation of same-sex families, a clear distinction has been made in case law between parenting, which has been fully recognised within same-sex families, and parenthood, which still cannot be legally shared by same-sex partners as a couple with regard to minor children.