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(en) France, Union Communiste Libertaire AL #299 - PMA: A law that respects the patriarchal order (fr, it, pt)[machine translation]

Date Wed, 20 Nov 2019 09:40:41 +0200

Filiation established at the notary and reaffirmed presence of a man in the process. The opening of the PMA to female couples remains under the thumb of patriarchy. ---- The law of bioethics was adopted by the National Assembly on October 15th. The Senate will consider it in January. Access to medically assisted procreation (ART) is open to female couples and single women. The health insurance will support the reimbursement of the procedure as for heterosexual couples. The medical criterion of infertility is therefore removed. In the case of heterosexual couples, the PMA with anonymous donor (the form of PMA that will apply to lesbians) does not cure the infertile man, it is a social arrangement to overcome his infertility, not medical treatment, even if the woman concerned undergoes many medical manipulations. There is no reason not to apply this arrangement to female couples.

A filiation established differently
In case of conception by PMA, heterosexual couples give their consent to a notary. In their case, maternity results from childbirth, the presumption of paternity results from marriage, or from voluntary recognition - as for a birth without help. For women and couples of women, it will be different. Consent must also be given to a notary, as well as recognition of anticipated joint parentage. The joint recognition is provided to the civil status and registered in the birth certificate which therefore refers to the PMA. The legislator has no doubt feared that without this mention to the civil status, we forget that it is necessary to gamete males to make a human. Or he makes a concession to the reactionaries of all kinds, balking at equality and not bringing women's couples into common law. Straight couples keep the choice of silence on the design of their child, a choice that women do not have anyway.

Nor is there a solution for the second filiation of children of lesbian couples born before this law (third-party donor outside the medical setting, LDCs abroad). However, this would be an opportunity to replace lengthy adoption procedures with maternity recognition.

A reaffirmed presence of the man
The opening of the PMA to women without men goes hand in hand with the lifting of the secrecy on the identity of sperm donors. History to restore the presence of man. Children who wish (at their majority) will have access to either anonymous non-identifying elements (health ...) or the identity of the donor. With respect to donations made before the law, donors have the opportunity to authorize the disclosure of their identity. In addition, the donor may request the number of children conceived with his or her donations, as well as their gender and year of birth.

This is clearly not enough for the new rally of reactionaries, " March Kids ", which fights for the preservation of a father's presence in all procreation. Their arguments emphasize that a child needs a father and a mother, even though no study proves that children who have not grown up in this configuration are more unhappy and unhappy than others. They also forget to tell us about absent fathers, violent fathers, fathers who do not pay alimony ... no importance, it is only necessary that the symbolic presence remains, the patriarchy in its essence.

An obsession for genetic origins
The gift assigned to a person or a couple remains prohibited. A man can not donate sperm for a chosen couple. A woman can not make a gamete donation for a PMA carried by her partner. A trans woman lesbian couple can give his sperm for the PMA carried by his girlfriend. This argument disappears however from the moment when the anonymity of the donor is removed by the law.

Anyone who can carry a child is not affected. Trans men who have kept their uterus and can carry a child are excluded from the law if they change their marital status. Those who give birth without medical help find themselves in inextricable situations. This is probably the step too much for a society and policies not yet fully adapted to new ways of life, sexuality and gender. The opening of the PMA falls within the broader framework of a law on bioethics. Amendments have been tabled to prohibit mutilation without the need for health of intersex children. But the only accepted amendment,

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