As same-sex couples in France try to adopt, conservative forces push back
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| Paris
Like many couples basking in the euphoria of France鈥檚 passing of a law to allow same-sex marriage five years ago, Pierre-Jean Jestin and his husband started immediately on adoption proceedings. Mr. Jestin, who was adopted himself, knew how long the process could last 鈥 for all couples, gay or straight 鈥 and didn鈥檛 want to wait.
But during one of the interviews halfway through the lengthy, paperwork-intensive process, Jestin says, 鈥淎 psychologist told us, 鈥業n any case, you鈥檒l never adopt in France.鈥 ... The council [that ultimately decides on adoption cases] is Catholic and they鈥檒l never give a child to a gay couple.鈥
Jestin and his husband closed their file indefinitely with the state. One year later, they had adopted two boys from Brazil 鈥 and acquired a bitter taste about France and gay rights.
Why We Wrote This
France may look highly progressive, given its legalization of same-sex marriage five years ago. But French society is more conservative than it seems, a fact manifesting as now-married LGBT couples try to adopt.
France, like nearly two dozen countries in Europe, has passed laws in recent years to allow marriage and adoption for same-sex couples. But social norms and a religious history rooted in conservative Catholicism have prevented LGBT couples from exercising the rights to which they are legally entitled.
In June, France was wrapped in controversy after two regional adoption agency officials made disparaging remarks about same-sex couples 鈥 one saying that agencies would always favor heterosexual couples over homosexual ones, and another that same-sex couples were 鈥渁typical鈥 and should be prepared to adopt 鈥渁typical鈥 children 鈥 those who were older or with disabilities.
The comments have dredged up latent discrimination in a country that thought it had progressed further than that, and have forced French society to look inward for solutions.
鈥淚n terms of homosexuality in general, France is still quite conservative even when it comes to accepting same-sex marriage,鈥 says S茅bastien Chauvin, a French sociologist who studies gender and sexuality at the University of Lausanne. 鈥淵ou can see this in terms of visibility in public spaces鈥 In France, people are still hiding.鈥
Catholics' lasting influence
While the law to allow same-sex marriage has been accepted relatively innocuously in France, that for same-sex adoption has been a harder sell. Around 7,000 same-sex marriages take place here each year, but only a handful of same-sex couples manage to adopt.
France remains an inherently Catholic country, despite empty churches, increasing diversity, and its insistence on secularism. This rich tradition, while not always evident in聽daily life, is still visible in the inner workings of civic groups across the country which dictate social mores, political decisions, and, ultimately, laws.
鈥淔rance is very secular in how religion is dealt with in the public sphere, but the church is still very present and active,鈥 says Michael Stambolis-Ruhstorfer, who studies sexuality and family at the University of Bordeaux Montaigne. 鈥淚t鈥檚 not only through the clergy itself but through a whole collection of powerful Catholic family organizations that play a behind-the-scenes but very important role in shaping family policy in France.鈥
Mr. Stambolis-Ruhstorfer says that civil society organizations have membership on decision-making boards of regional government bodies, and Catholic family organizations are over-represented in these bodies. The influential 鈥淢anif pour Tous鈥 (Protest for All) coalition that has led anti-gay-marriage and -adoption protests since 2012 is chiefly Catholic. While parts of the Catholic Church have embraced homosexuals and their partnerships, the official line remains against such unions.
This is often a problem for same-sex couples in adoption proceedings. All couples must go before a 鈥渇amily council鈥 to assess their suitability for adopting. Nicolas Faget, the spokesperson for the APGL, a national organization representing LGBT parents, says this is where many same-sex couples get stuck.
The meetings take place behind closed doors, without any accountability. Some rights groups have suggested that making adoption files anonymous would end the discrimination. But 鈥渢here needs to be more education for adoption personnel,鈥 Mr. Faget says. 鈥淲e didn鈥檛 do this after the same-sex marriage law was passed.鈥
Jestin says that during his interviews, he was asked questions about his and his husband鈥檚 sex life and if they frequented gay bars. 鈥淲e encountered so many stereotypes about what it meant to be a same-sex couple,鈥 says Jestin. 鈥淓ven before we got the answer about our case, I said stop, that鈥檚 enough.鈥
Different feelings about families
Alternative conception methods for same-sex couples have also been controversial. Currently, lesbian couples must travel abroad to receive in vitro fertilization, as the practice is presently not allowed in France. Last September, Emmanuel Macron鈥檚 government proposed opening up the practice to all women. A bill was planned to go to the National Assembly last week, but was scrapped at the last minute amid doubts that it would pass.
Still, while a BVA poll from March showed that 58 percent of French people were in favor of assisted procreation for same-sex couples, only 70 percent believe that聽same-sex couples can successfully raise a child in the right conditions.
Stambolis-Ruhstorfer says the way the French view marriage and parenting 鈥 in contrast to the US 鈥 could be a reason why same-sex adoption and conception methods have been more difficult to accept here than marriage.
鈥淧art of it is related to the different cultural position and power of marriage and family in each country. Marriage is really important culturally in the United States; we spend a lot of time investing in it, the rate of marriage is higher than in France,鈥 says Stambolis-Ruhstorfer. 鈥淎t the same time, there鈥檚 a higher birth rate in France and a higher out of wedlock birth rate. People are not as worried about getting married but they are worried about having families.鈥
In addition, there are statistically fewer children to adopt in France than in the US, so that when family organizations are presented with multiple dossiers 鈥 including heterosexual and homosexual couples 鈥 the heterosexual couples usually win out.
Most observers agree, however, that the swiftness with which the public and the government reacted to the controversial adoption statements in June is an indicator of progress made. One agency official was suspended after the remarks, while the other is in the early stages of a discrimination lawsuit.
鈥淲e have to take into account that there was even a scandal,鈥 says Mr. Chauvin. 鈥淭wenty years ago there wouldn鈥檛 have been one because there was no same-sex adoption. The fact that we noticed there鈥檚 discrimination shows that this type of behavior is no longer tolerated.鈥