Surrogacy (GPA) is prohibited in France. Indeed, Article 16-7 of the Civil Code provides that “any agreement concerning procreation or surrogacy on behalf of another person is null and void” (Art. 16-7 Civil Code).
For many years, case law has addressed the issue of the registration of a foreign birth certificate of a child born through surrogacy in a country where it is permitted, on French civil status registers.
Following a series of decisions, notably under the influence of the European Court of Human Rights (ECHR), the Court of Cassation ultimately recognized, under certain conditions, the registration of the foreign birth certificate, including the parentage of the intended parent.
However, the Bioethics Law of August 2, 2021, has put a brake on this judicial evolution by adding to Article 47 of the Civil Code the condition that any civil status act of French citizens or foreigners, carried out in a foreign country and drawn up according to the forms used in that country, is valid only insofar as it corresponds to “reality,” which must be assessed according to French law.
The advice of a experienced international family law lawyer on these matters will provide you with all the answers you need.
Maître Mayer practices in all courts in Île-de-France, such as Nanterre, Créteil, Bobigny, Meaux, Melun, Fontainebleau, Évry, Sens, Auxerre, and throughout France with a local representative.
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