MENNESSON v. FRANCE JUDGMENT
17
invalid for the purposes of Article 47 of the Civil Code, whereupon that
provision was inoperative. They added that the thrust of the circular was not
aimed at precluding the issuing of a certificate of nationality on the basis of
a mere suspicion that recourse had been had to a surrogacy arrangement,
and that it was therefore inoperative in respect of situations such as theirs in
which the courts had explicitly found that there had been a surrogacy
arrangement. In support of that argument, they stated that they had not
received a reply to the request for a certificate of French nationality for the
third and fourth applicants lodged by the first applicant with the registry of
the Charenton-le-Pont District Court on 16 April 2013. They produced
acknowledgment-of-receipt forms signed on 31 October 2013 and 13 March
2014 by the registrar indicating that the request “[was] still being processed
in [his] department pending a reply to the request for authentication sent to
the consulate of Los Angeles, California”. They added that, on account in
particular of the Court of Cassation’s decisions of 13 September 2013, the
first applicant could not recognise the third and fourth applicants even
though he was their biological father.
(ii) The Government
71. The Government submitted that the failure to register the particulars
of foreign civil-status documents such as the birth certificates of the third
and fourth applicants did not preclude them from taking full effect in
France. They argued firstly that certificates of French nationality were
issued on the basis of such certificates where it was established that one of
the parents was French (the Government produced a copy of the circular of
the Minister of Justice of 25 January 2013, and observed that the applicants
had not taken any steps towards obtaining French nationality for the third
and fourth applicants), and that minors could not be removed from France;
secondly, the first and second applicants enjoyed full parental responsibility
in respect of the third and fourth applicants, on the basis of the US civilstatus documents; thirdly, were the first and second applicants to divorce,
the family-affairs judge would determine their place of residence and the
contact rights of the parents as named in the foreign civil-status document;
fourthly, as evidence of one’s status as heir could be provided by any
means, the third and fourth applicants would be in a position to inherit
under the first and second applicants’ estate on the basis of their US civilstatus documents, as provided for under ordinary law. The Government also
observed that the applicants had overcome the problems they referred to as
they did not claim to have been unable to register the third and fourth
applicants for social-security purposes or enrol them at school or not to have
received social benefits from the Family Allowances Office, and that,
generally, they had not shown that they were faced with “numerous and
daily difficulties” on account of the refusal to register the particulars of the
children’s birth certificates. Accordingly, the Government questioned the