France top court says children born through surrogacy abroad must be recognised

PARIS: France’s highest court has ruled that children born through surrogacy overseas must be legally recognised in France as the children of their intended parents, even though surrogacy remains prohibited in the country.

The decision was issued on Friday and arose from a case involving a married male couple who had three children through surrogacy in Canada. They had asked French authorities to recognise a Canadian court ruling that established them as the children’s legal parents.

In a statement, the court said the ban on surrogacy in France could not by itself justify refusing to recognise a foreign judgment in such cases when the interests of the child were at stake.

“Given the superior interest of the child, the French ban on surrogacy does not, in itself, allow for the rejection of a foreign judgement which declares the intended parents as the legal parents of the child born through surrogacy practiced in that country”, the court stated.

The court said a contrary approach would leave children in legal uncertainty, which it said would run against their best interests. It also referred to a European Court of Human Rights ruling that said a domestic ban cannot stand in the way of the relationship between a child and intended parents.

Case sets a precedent

The ruling creates a precedent in France, where the prohibition on surrogacy has left a number of children born abroad and their parents facing unresolved legal status issues. French courts have also had to deal with complications stemming from those situations.

The court further noted that Canadian authorities had confirmed that the surrogate mothers had agreed to the surrogacy arrangements and had consented to giving up their parental rights.

Political debate continues in France

The issue has remained highly contentious in French public life. Debate has intensified after former prime minister and possible presidential contender Gabriel Attal reportedly said he supported legalising surrogacy on an altruistic basis, without payment to the surrogate mother.

That view is opposed by a number of his allies. Aurore Berge, France’s minister for gender equality, rejected the idea in strong terms.

“I believe that women's bodies and women's dignity are completely incompatible with surrogacy”, he added.

Surrogacy has divided French politics across several lines, including between supporters of gay rights and conservatives who defend traditional family structures. The issue has also split women’s rights advocates and libertarians who argue that individuals should be free to decide how to use their own bodies.

The wider European debate remains active as well. In Spain, where surrogacy is also banned, dozens of children born abroad through the practice are seeking legal recognition. In Italy, the government has recently made it unlawful for prospective parents to travel abroad to have a child through surrogacy.