It is a setback for the government. With almost two votes, the deputies voted in favor of children born by assisted reproduction from gamete donation before the new bioethics law to be able to access non-identifying data as a majority (age, physical characteristics, country of birth, motivation donation …) or to the identity of their donor if the latter agrees. The chairman of the session asked the deputies three times to mark their vote, which was particularly tight, in order to be able to count the votes.
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The government wanted to limit the lifting of donor anonymity to children born after the law came into force. He had tabled an amendment to remove the retroactive measure that had been introduced by senators at first reading, then confirmed by the special committee of the National Assembly. The deputies did not follow this line.
“We cannot do nothing for all those born before the law”
The commission’s rapporteur, Coralie Dubost (LREM), stood up against Secretary of State Adrien Taquet and targeted the government, accusing him of ” hide behind your little finger » : « Every time we create such a fundamental right, we have to go to the end. The state must assume its responsibilities. We will not give an injunction to the donor, we will ask the question at the request of the child. » « We cannot pass a law that will allow children born in 2021 to have access to their origins when they turn 18 and do nothing for all those born before the law », Supported Géraldine Bannier (MoDem). A position shared by several LREM deputies, including Natalia Pouzyreff.
The government’s amendment aimed to leave the possibility for donors to come forward to a commission to clarify their agreement “ to the communication of their only non-identifying data or of these and of their identity to the persons born of their donation who would request it ».
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He also proposed to conduct “ a vast information campaign »To offer former donors who wish to make themselves known. What was considered insufficient by most of the deputies. To the chagrin of Adrien Taquet: “ You question a word given by the State under the old regime, he regretted. Will future donors be able to believe our word when we tell them that a certain number of guarantees come with their donation? »
Non-identifying data accessible at the request of parents
Another measure was adopted despite government opposition. The deputies voted in favor of an amendment carried by the socialist Hervé Saulignac to allow access to non-identifying donor data by parents from the birth of the child. The goal: to leave the parents ” accompany the child on the existential questions that he asks himself “, Defended Bruno Millienne (MoDem). ” It is a right that must remain with the child. I do not see in the name of what we would transmit this choice to others “, Pleaded Adrien Taquet, in vain. The committee’s opinion was also unfavorable. But the deputies decided otherwise.