Judgment of 26 June 1989.
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Biomedical subjects
Publications and source records attributed to France. Conseil d'Etat.
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The issue before the State Council of France was whether the damages judgment of 20,000 francs set by the lower court for the sterilization (tubal ligation) of the applicant without her consent should be raised. The State Council first noted that the seriousness of the distress suffered by the applicant was mitigated by the possibility of undergoing an operation that would reverse her sterility and by the fact that she had five children. It also noted that the significance of her distress was increased given her young age at the time of the intervention and the mental distress and the family difficulties that she experienced. It increased the damages to 50,000 francs.
The Conseil d'Etat of France affirmed the judgment of the Administrative Tribunal of Strasbourg refusing to register a surrogate motherhood association (Annual Review of Population Law, Vol. 13, 1986, Section 250). It held that the goal of the association was contrary to Article 352-1-2 of the Penal Code, which punishes incitement to the abandonment of a child. In 1988, the Court of Appeal of Aix-en-Provence upheld the judgment of the Court of First Instance of Marseilles dissolving the surrogate motherhood association Alma Mater (Annual Review of Population Law, Vol. 14, 1987, Section 250). See Le Monde, 2 May 1988, p. 8.