France Reviews its Surrogacy Laws: Surrogate Children Now Legally Recognized

On July 3, a major advance occurred for French children born through surrogacy. The top French court (La Cour de cassation) ruled that children born from surrogacy in other nations to French parents will now be granted French citizenship and can be entered in the civil registry.

Surrogacy is currently illegal in France; however, French intended parents often pursue surrogacy abroad and return to France. Before last week’s decision, many children born through surrogacy remained in a sort of legal limbo, with no official recognition by the French government.

The court ruled that children born abroad through surrogacy may be entered into the civil registry, obtain French birth certificates and claim citizenship. Their decision changes the previous jurisprudence for all surrogate children. The verdict follows a 2014 ruling from the European Court of Human Rights, which claimed that France’s surrogacy laws represented an “attack on the child’s identity, for which descent is an essential component.”

Prior to this ruling, life for many French surrogate children was made complicated as many weren’t allowed passports, government health care, social security, or inheritance. They were essentially written off by the government due to their legally-contested method of conception. Now these children will be rid of the social stigma they previously faced and enjoy all the rights that come with citizenship and legal recognition.

Even though surrogacy is illegal in France, the minister of justice, Christiane Taubira, tweeted, “children shouldn’t have to answer to the manner of their conception. They are entitled to their civil status and identity.” This undoubtedly provides relief to the parents of the thousands of surrogate children living in France.

For children, their connection with their parents is invaluable. Before this decision, many French surrogate children had no legal ties to their parents. Not only did this make legal matters difficult but it also presented an emotional challenge for both the child and the parents.

The court made sure to clarify that this ruling had no impact on surrogacy’s legality in France, which remains against the law.

Here at Circle, we work with intended parents from over 70 countries. Our legal staff, knowledgeable of surrogacy laws in every country we work with, works to ensure the legality of all of our surrogate births. If you are interested, you can find more information on becoming a parent through surrogacy.