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Although the committee recommended increasing some rights given in PACS, it recommended maintaining prohibitions against marriage, adoption, and access to medically assisted reproduction for same-sex couples, arguing that these three issues were inseparable and that allowing them would contravene a number of articles of the United Nations Convention on the Rights of the Child, to which France is a signatory (although many UN nations do grant some or all of these rights to same-sex couples).

On 12 April 2013, the Senate approved the bill with amendments in a 171–165 vote, followed by the approval of the amended bill by the National Assembly on 23 April 2013 in a 331–225 vote.

However, a challenge to the law by the conservative UMP party was filed with the Constitutional Council following the vote.

Referring to the rights of children as a human rights issue, the report argued that children "now have rights and to systematically give preference to adult aspirations over respect for these rights is not possible any more." LGBT organizations in France, who believed that the prohibition of same-sex marriage was contrary to the Constitution, asked the country's Constitutional Council to examine the constitutionality of same-sex marriage and to review the articles of the Civil Code.

On 28 January 2011, the Council decided that the illegality of same-sex marriages was not contrary to the Constitution, stating that this was a question for Parliament to decide.

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