24
MENNESSON v. FRANCE JUDGMENT
suggest that they are at risk of being separated by the authorities on account
of their situation under French law (see, mutatis mutandis, Shavdarov, cited
above, §§ 49-50 and 56).
93. The Court also observes that in dismissing the grounds of appeal
submitted by the applicants under the Convention, the Court of Cassation
observed that annulling registration of the details of the third and fourth
applicants’ birth certificates in the French register of births, marriages and
deaths did not prevent them from living with the first and second applicants
in France (see paragraph 27 above). Referring to the importance it had
attached in Wagner and J.M.W.L. (cited above, § 135) to carrying out an
actual examination of the situation, the Court concludes that in the present
case the French courts did duly carry out such an examination, since they
considered in the above-mentioned terms, implicitly but necessarily, that the
practical difficulties that the applicants might encounter in their family life
on account of not obtaining recognition under French law of the legal
parent-child relationship established between them abroad would not exceed
the limits required by compliance with Article 8 of the Convention.
94. Accordingly, in the light of the practical consequences for their
family life of the lack of recognition under French law of the legal parentchild relationship between the first and second applicants and the third and
fourth applicants and having regard to the margin of appreciation afforded
to the respondent State, the Court considers that the situation brought about
by the Court of Cassation’s conclusion in the present case strikes a fair
balance between the interests of the applicants and those of the State in so
far as their right to respect for family life is concerned.
95. It remains to be determined whether the same is true regarding the
right of the third and fourth applicants to respect for their private life.
(γ) Right of the third and fourth applicants to respect for their private life
96. As the Court has observed, respect for private life requires that
everyone should be able to establish details of their identity as individual
human beings, which includes the legal parent-child relationship ...; an
essential aspect of the identity of individuals is at stake where the legal
parent-child relationship is concerned (see paragraph 80 above). As
domestic law currently stands, the third and fourth applicants are in a
position of legal uncertainty. While it is true that a legal parent-child
relationship with the first and second applicants is acknowledged by the
French courts in so far as it has been established under Californian law, the
refusal to grant any effect to the US judgment and to record the details of
the birth certificates accordingly shows that the relationship is not
recognised under the French legal system. In other words, although aware
that the children have been identified in another country as the children of
the first and second applicants, France nonetheless denies them that status