Although they usually correspond, juridical logic does not always coincide with factual reality. In some cases, the law even contradicts reality. Filiation offers a clear example of this divergence: the legal notion of filiation, far from corresponding to the notion of biological reproduction, instead reflects a manifestation of human will Given the flexibility of the law, it is reasonable to consider the conditions that are placed on adoption and especially on the identity of the person trying to adopt. The justice system considers the homosexuality of the adopting parent as an obstacle to parenthood. After an historical overview of the place of adoption in the law of filiation and in the current law of France, it becomes clear that no justification explains the reticence of the law toward homosexual couples. Furthermore, recent cases of the European Court of Human Rights have only created confusion by continuing to tie "parental function" to the sexual identity of the applicant. The authors argue that the example put forward by many members of the European Union and parts of North America should be followed. These jurisdictions have been attentive to treating the child and the couple equally and to taking a pragmatic approach to the question of parenting. In this, they tend to move toward a non-discriminatory approach to homosexual couples who want to adopt. The trends in these countries will, the authors hope, lead to a reversal in the direction of the jurisprudence of the European Court of Human Rights.
