Top court rules France must recognise children born from surrogacy abroad
The decision sets a legal precedent after the court said a foreign judgment can establish parentage despite France’s surrogacy ban.
- On Friday, France's top court ruled that children born through surrogacy abroad must be recognized in France as their intended parents' children, despite the country's domestic surrogacy ban.
- The case involved a married male couple seeking recognition for three children born in Canada, where authorities verified that surrogate mothers had consented to relinquish their parental rights.
- Citing the European Court of Human Rights, the court argued that a national ban cannot obstruct the parent-child relationship, stating the child would be "kept in legal uncertainty... which would be contrary to his best interests."
- While the decision sets a precedent in France addressing legal limbo for families, surrogacy remains a divisive issue pitting gay rights defenders against conservatives championing traditional family values.
- Across Europe, policy diverges sharply: The Italian government recently made it illegal to go abroad for surrogacy, while French politicians split over legalization, with former Prime Minister Gabriel Attal favoring "altruistic" surrogacy and Gender Equality Minister Aurore Berge calling it incompatible with women's dignity.
31 Articles
31 Articles
Recall that the child born to a GPA abroad has, like everyone else, a birth certificate drawn up in his or her country of birth. In this case, the Canadian acts indicate that the children were born to a GPA abroad. In this case, the Canadian acts indicate that the children were born to a GPA abroad.
France's top court says children born through foreign surrogacy must be recognised
France's top court ruled that children born through surrogacy abroad must be recognised as the children of their intended parents. The precedent addresses legal limbo for families as political divisions over surrogacy deepen.
France's Landmark Surrogacy Ruling: A Shift in Legal Recognition
France's top court has ruled that children born through surrogacy abroad must be recognized as children of their intended parents, despite surrogacy being banned in France. This decision follows a case of a same-sex couple seeking recognition of their Canadian-born children and sets a precedent in French law.
The Court examined the case of a couple of French men living in Canada who asked France to recognize Canadian court decisions designating them as fathers of children born of gestation for others, a legal practice in that country.
Top court rules France must recognise children born from surrogacy ...
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