Post-mortem PMA: a woman from Caen obtains a favorable decision from the European Court of Human Rights

This is another step toward realizing her project. Since 2024, Charlotte NGoma has been fighting to complete a medically assisted procreation (MAP) process initiated with her partner, Josselin, who died in December 2023 at the age of 29. This Monday, September 8, she obtained her first victory at the European Court of Human Rights.

The highest European court has announced to Charlotte Ngoma that it has accepted her request. The 38-year-old from Caen had filed her case against them in the face of legal obstacles she faces in her project: the Public Health Code requires that both parents be alive to initiate the process.

This decision comes after months of fighting. The thirty-year-old had already been dismissed by the administrative court of Caen, then by the Council of State .

"I'm very happy, I'm very surprised, I had given up a bit. After so many failures, it was desperate," she confided to ICI Normandie .

Charlotte NGoma and her husband began their ART process in 2022. Three embryos were frozen and entrusted to the Caen hospital, which has agreed to keep them until the end of the legal proceedings.

After a long standoff with the French government, the Caen resident decided to appeal to the European Court of Human Rights, which she considered her last resort. This favorable response could revolutionize French law on this type of case.

Initially, negotiations must now begin to find an amicable solution between the two parties. These negotiations will be completed by November 28. In the event of persistent disagreement, the case will be brought before the Court.

Charlotte NGoma predicts that there is "little chance" of an agreement being reached with the state. She tells our colleagues at ICI Normandie that she hopes the court "will condemn France for violating my rights."

For Charlotte NGoma, this fight isn't just hers, as other women are in her situation. "There are more and more of them, like a young woman in Evreux, Stéphanie. We're all in touch, supportive," she says. She adds, "They all hope I can push the door open so they can follow me."