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41 Vand. J. Transnat'l L. 1503 (2008)
Whose Child Is This: Genetic Analysis and Family Reunification Immigration in France

handle is hein.journals/vantl41 and id is 1515 raw text is: Whose          Child       Is This?: Genetic
Analysis and Family Reunification
Immigration in France
ABSTRACT
In an attempt to limit fraudulent family reunification
immigration and control how many migrants enter its borders,
France statutorily implemented the use of DNA testing in family
reunification immigration in late 2007. Where an immigrating
child possesses suspicious documentation, and the child is
seeking to reunite with his or her mother in France, the statute
provides for voluntary DNA testing to establish that the child
has a biological connection with the mother. The requirement of
proof of a   biological link between family  members is
diametrically opposed to family recognition policies that apply
to French citizens, which emphasize the establishment of social
ties rather than genetic links.
This Note asserts that the European Court of Human
Rights (ECHR) would find France's 2007 immigration statute
violative of the right to family life under § 8 of the European
Convention on Human Rights, as the statute creates a dual
standard of family recognition for French citizens and
immigrant families who are seeking to be unified in that
country. In turn, this Note analyzes the public policy rationale
behind the DNA testing statute and concludes that the statute
could adversely affect desirable social standards. Finally, this
Note analyzes how states can limit immigration and protect
themselves from immigration fraud while also being mindful of
human rights.
TABLE OF CONTENTS
I.    INTRODUCTION  ..............................................................  1504
II.   AN OVERVIEW OF FRENCH IMMIGRATION HISTORY ......  1506
A.   Immigration in France: The 1920s to 2006 .......  1506
B.   Changes to French Immigration Law in 2007..  1508
III.   FAMILY RECOGNITION STANDARDS FOR FRENCH
C ITIZEN S  ........................................................................  15 11
IV.    RIGHT TO FAMILY LIFE UNDER THE EUROPEAN
CONVENTION ON HUMAN RIGHTS ..................................  1512

1503

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