French Court Sets Surrogacy Recognition Precedent

France's Supreme Court ruled on Friday that children born through surrogacy abroad must be legally recognized in France as the children of their intended parents, even though surrogacy is banned in the country.

The ruling concerns the case of a married male couple who had three children through surrogacy in Canada. In France, they sought recognition of a Canadian court decision designating them as the children's legal parents.

The court held that a ban on surrogacy cannot in itself justify refusing to recognize a foreign judgment if recognition is in the best interests of the child. It also cited European Court of Human Rights case law, which states that a national ban must not undermine the legal relationship between a child and their intended parents.

The decision sets a precedent in France.

The court also emphasized that Canadian authorities had verified the surrogate mothers’ consent to the agreements, including their relinquishment of parental rights.

The debate over surrogacy in France has intensified again after former Prime Minister Gabriel Attal voiced support for legalizing it without financial compensation for the surrogate mother.

Minister for Gender Equality Aurore Bergé, by contrast, stated that a woman’s body and dignity were incompatible with surrogacy.

(Reuters, bak)