Odièvre v. France

In France, birth mothers had the right to anonymous birth, which included the right to give birth and relinquish custody of their children in anonymity. The French government (defendant) did not recognize the right of a child to know her birth mother’s identity if the birth mother did not consent. The European Convention on Human Rights (the convention), also known as the European Convention for the Protection of Human Rights and Fundamental Freedoms, contained a provision, Article 8, that (1) recognized that everyone had the right to respect for his or her family life and (2) prohibited public authorities from interfering with that right unless the interference was in accordance with the law and necessary in a democratic society. Odièvre (plaintiff) was an adult adoptee whose birth mother chose anonymous birth and did not wish to have contact with Odièvre. The French government provided some non-identifying information to Odièvre about her birth family, and the government was in the process of establishing an agency that would maintain birth parents’ anonymity while providing a mechanism for adoptees to ask their birth parents to consent to the disclosure of their identities. Odièvre filed an application in the European Court of Human Rights (ECtHR), arguing that the French government violated her Article 8 right by refusing to disclose the identity of her birth mother. A panel of the ECtHR considered whether the convention guaranteed Odièvre’s right to know the identity of her birth mother without her birth mother’s consent.