Surrogacy Insights

The Bioethics Act of 1994 banned surrogacy, deeming it to violate the dignity of the unborn child. The government of France continues to affirm its stance to uphold this prohibition, with Health Minister Agnes Buzyn highlighting concerns about the commercialization of women’s bodies as a key reason. However, recent developments have shed light on the complexities surrounding parental rights for children born through surrogacy abroad.

Parental Rights in France for Children Born via Surrogacy

In the European Union, each country sets its own laws and regulations for families. When family law issues cross borders and affect multiple EU countries, the EU can make rules to handle these cross-border situations.

In 2014, the European Court of Human Rights found that France’s refusal to acknowledge the details of the twins’ US birth certificates infringed upon their right to privacy, as stipulated in Article 8 of the European Convention on Human Rights. This denial of recognition as French citizens not only deprived them of the rights afforded to other nationals but also relegated them to the fringes of French society, forever excluded from fully experiencing the essence of being French. This significant ruling spurred France to amend its legislation, recognizing parental bonds formed through surrogacy arrangements abroad. Consequently, in instances where a child is born via surrogacy in another country, both the biological parents and the other parent can now be listed on the birth certificate, provided it complies with relevant local laws.

Recognition of Gay Parenting Rights

In May 2017, the French highest court granted new rights to gay parents who pursued surrogacy abroad, allowing both the biological parent and their partner to be listed on the child’s birth certificate.  This decision marks a departure from France’s traditional stance and provides clarity for same-sex couples opting for surrogacy overseas.

While surrogacy remains illegal in France, these legal developments underscore the need for nuanced approaches to parental rights and recognition. The journey toward legal clarity and inclusivity for families built through surrogacy continues to unfold, with each ruling shaping the landscape of family law in France.

2024 UPDATE

Recognition of foreign parental judgments

In a landmark decision, the French Supreme Court ruled that when a foreign court legally establishes parentage for children born via surrogacy, France must recognize that parentage, even without the need for adoption—so long as specific conditions are met.  

They emphasized the importance of weighing both the risks and vulnerabilities in surrogacy arrangements and, more importantly, the rights of the children and parents involved. Citing Article 8 of the European Convention on Human Rights and Article 3 of the UN Convention on the Rights of the Child, the court emphasized that the child’s best interest is always the top priority.

However, not all parental rights will be automatically recognized. There are specific requirements, including a thorough investigation into the informed legal consent given by the surrogate, the risks involved for all parties, and the vulnerability of the surrogate throughout the process. The court should carefully examine these factors before granting full recognition.

This decision is a major victory, ensuring that the rights of parents and their children born through surrogacy are respected, while also protecting the rights and well-being of surrogates.

Viva la France for taking a bold step in recognizing the rights of parents and children born via surrogacy, while ensuring everyone’s well-being is protected!