22
MENNESSON v. FRANCE JUDGMENT
86. The Court considers that a distinction has to be drawn in the instant
case between the applicants’ right to respect for their family life on the one
hand and the right of the third and fourth applicants to respect for their
private life on the other hand.
(β) The applicants’ right to respect for their family life
87. With regard to the first point, the Court considers that the lack of
recognition under French law of the legal parent-child relationship between
the first and second applicants and the third and fourth applicants
necessarily affects their family life. It notes in this regard that, as pointed
out by the applicants, the Paris Court of Appeal acknowledged in this case
that the situation thus created would cause “practical difficulties” (see
paragraph 24 above). It also observes that, in its report of 2009 on the
review of bioethical laws, the Conseil d’État observed that “in practice,
families’ lives [were] more complicated without registration, because of the
formalities that had to be completed on various occasions in life” (see
paragraph 68 above).
88. Accordingly, as they do not have French civil-status documents or a
French family record book the applicants are obliged to produce – nonregistered – US civil documents accompanied by an officially sworn
translation each time access to a right or a service requires proof of the legal
parent-child relationship, and are sometimes met with suspicion, or at the
very least incomprehension, on the part of the person dealing with the
request. They refer to difficulties encountered when registering the third and
fourth applicants with social security, enrolling them at the school canteen
or an outdoor centre and applying to the Family Allowances Office for
financial assistance.
89. Moreover, a consequence – at least currently – of the fact that under
French law the two children do not have a legal parent-child relationship
with the first or second applicant is that they have not been granted French
nationality. This complicates travel as a family and raises concerns – be
they unfounded, as the Government maintain – regarding the third and
fourth applicants’ right to remain in France once they attain their majority
and accordingly the stability of the family unit. The Government submit
that, having regard in particular to the circular of the Minister of Justice of
25 January 2013 ..., the third and fourth applicants could obtain a certificate
of French nationality on the basis of Article 18 of the Civil Code, which
provides that “a child of whom at least one parent is French has French
nationality”, by producing their US birth certificates.
90. The Court notes, however, that it is still unclear whether this
possibility does actually exist. Firstly, it notes that according to the very
terms of the provision referred to, French nationality is granted on the basis
of the nationality of one or the other parent. It observes that it is specifically
the legal determination of the parents that is at the heart of the application