In France, both commercial surrogacy and ‘altruistic’ arrangements—where individuals typically agree to cover only the expenses incurred by the surrogate—are currently prohibited. However, there has been some relaxation of these rules for people who seek surrogacy services abroad, although this area remains somewhat ambiguous legally.
In French, surrogacy is officially referred to as GPA (gestation pour autrui), and you may also hear it called maternité de substitution. The surrogate mother is known as the mère porteuse, while the individuals seeking a child are referred to as the parent (or parents) d’intention.
It is worth noting that while surrogacy may involve medically assisted reproduction techniques (such as IVF or artificial insemination), it is distinct from PMA (Procréation médicalement assistée), which is legal in France.
Surrogacy has long been a contentious issue in France, but public opinion appears to be shifting. According to Ifop polling, the majority of the French population supports legalizing surrogacy for heterosexual couples (71 percent in 2024, up from 60 percent in 2014). Support for legalizing surrogacy for LGBT couples has also increased, with 56 percent in favor in 2024 compared to 41 percent in 2014.
However, a significant portion of the population—61 percent as of 2024—believes that surrogacy should not be financially compensated, marking an increase from 52 percent in 2022.
Clément Beaune, the former minister of transport, expressed support for legalizing surrogacy “in the future” in August 2023. Yet, French President Emmanuel Macron has been clear in his opposition to the legalization of surrogacy. In May 2024, he reiterated his stance, stating, “When it comes to surrogacy, I repeat that I am not in favor of it. It is not compatible with the dignity of women; it is a form of commodification of their bodies.”
Despite this, Macron acknowledged that “the parents of children born through surrogacy abroad should be respected and supported. They are loving families.”
What’s the Law on Surrogacy in France?
Surrogacy has been officially banned in France since 1994, following the enactment of the ‘loi bioethique‘ (bioethics law). This legislation declares that “any agreement concerning procreation or gestation on behalf of another person is null and void.”
Violating this law can result in a penalty of six months in prison and a fine of €7,500, as reported by the French news outlet La Croix. The ban on surrogacy is founded on two primary principles, which were detailed in a 2016 report by the Assemblée Nationale: the prohibition against renting or selling one’s body, and the idea that a child cannot be transferred or sold through a contract between individuals.
Regarding surrogacy arrangements abroad, France has maintained its prohibition since 1994. However, French courts have adopted a more accommodating attitude toward recognizing the parents of children born through surrogacy outside of France. Consequently, many prospective parents have opted to pursue surrogacy in countries where it is legally permitted.
If a child is born outside of France, parents must obtain an official birth certificate by registering the birth according to local regulations. Next, they will need to secure a travel document to bring the child back to France, typically through the consulate.
Upon returning to France, issues surrounding maternity or paternity leave become somewhat ambiguous. According to legal sources like Muse Avocats, the CPAM has recommended denying parental leave payments to the ‘intended parent’ who does not have a biological connection to the child. To register a child born abroad with CPAM for a social security number, parents should complete the form (CERFA N’ 14445*02). If challenges arise, they can reach out to their local CPAM office or France Services for assistance.
After completing these steps, the process for registering with a doctor, enrolling the child in crèche, and accessing parent support groups in the area will be the same as for any other parents.
Key Considerations for Expecting Parents in France
When it comes to the legal steps surrounding the birth of a child, the situation can vary depending on the nationalities of the parents and the country where the surrogate gives birth.
If you live in France, it is strongly advised to seek specialist legal advice before entering into any surrogacy agreement, whether commercial or altruistic. Currently, France does not impose bans on countries regarding the recognition of surrogacy.
If one or both parents are French nationals, you will need to obtain a birth certificate issued in the country where the child is born. After that, contact the French consulate or embassy to request your child’s civil documents and travel documents (such as a passport).
If the father is French and his own biological material was used, he should be automatically listed on the local birth certificate. In this instance, the father can register the birth with the French consulate and obtain travel documents (a passport or a ‘laissez-passer‘) for the baby to return to France.
However, if the mother or second parent (who is not the surrogate) is French and the father is not, the situation may become more complex. They may need to go through a legal adoption process before the child can receive any French civil documents. This will depend on local regulations.
Regardless, you will likely have to request an exequatur, which validates the foreign documents through French judicial authorities. It is highly recommended to consult a lawyer throughout this process to ensure all legalities are properly handled. These procedures can be time-consuming, so plan accordingly.
You should expect to provide, at minimum, your passports and your parent’s passports, a translation (and apostille, if applicable) of the child’s birth certificate, a declaration from the surrogate (and its translation), and/or any certificate confirming genetic links to the child (such as a DNA test).
If both parents are foreigners residing in France, the situation falls into a legal grey area, as no test cases have yet appeared before the courts.
Assuming you and your partner are both listed on the foreign birth certificate and have been able to pass along your nationality to your child, it seems France would treat you as if you had simply given birth outside the country.
In this case, your child might not enjoy the same eventual right to French citizenship (droit au sol) as other children born to foreign parents in France. The ability to pass down non-French nationality will depend on the rules of the country of your citizenship. As always with surrogacy, seeking legal advice is crucial.
Understanding French Law on Foreign Surrogacy
French law primarily focuses on French nationals, mainly concerning the establishment of French citizenship and civil documents for the child.
In 2014, the European Court of Human Rights (ECHR) ruled that France must allow families to officially register the birth of babies born abroad to surrogate mothers. This ruling has gradually paved the way for children born abroad via surrogacy to attain French citizenship.
In 2019, the French Court of Cassation recognized the birth certificates of children born through surrogacy abroad for both same-sex and heterosexual couples. This meant that as long as the surrogacy was conducted legally in the third country, the biological parent could be noted on the child’s birth certificate, and the second parent (the intended parent) would be allowed to adopt the child.
In 2021, France revised its ‘bioethics law’ to allow single women and lesbians to utilize IVF and other medical assistance for pregnancy, yet the French parliament chose to keep surrogacy illegal. Nonetheless, the law clarified how to pass down French nationality. If the biological parent is French, the child automatically takes on French nationality. If the intended parent is French, they would need to adopt the child to confer nationality.
The courts are still reviewing cases related to surrogacy, making the topic an evolving grey area.
Most recently, in 2024, French courts ruled that it might even be possible to bypass the lengthy adoption process entirely. They found that as long as parentage is legally established in another country, it could be recognized in France, even without a biological link.
This decision followed a case involving a gay couple who used a surrogate in California. Prior to the birth, they had a written agreement, authorized by California state, which stated that the surrogate and her husband relinquished any parental rights. Consequently, both intended parents were recognized on the child’s documents without needing formal adoption procedures. French courts upheld the California recognition.
Ultimately, people hoping to pass down French nationality and have children through surrogacy abroad are advised to consult a legal professional before starting the process.
