At the nation's doorstep: the fate of children in France born via surrogacy

Abstract

Surrogacy has been prohibited in France since the Court of Cassation condemned it on the grounds that ‘only merchandise can be the object of contracts’ (in 1991), and decided that ‘any contract concerning procreation or gestation on behalf of a third party is void’ (in 1994). French people who undertake surrogacy abroad act knowingly against French law. Once a child is born through surrogacy on foreign soil, except in rare cases, the birth is not included in the French register and the newborn is thus held at the gates of the national community. Most of these children have a foreign birth certificate and the nationality of their land of birth. This paper presents research currently in progress, and reports on interviews conducted in France with 28 families, 16 of which were formed by gay male couples, 11 by heterosexual couples and one by an unpartnered gay man. One surrogacy arrangement took place in Russia, one in Poland and one in India; the others were completed in North America (mostly in the USA but also in Canada). The research method and the characteristics of the families are described briefly, in addition to the legal, ethical and political context concerning surrogacy in France. The situation of the children born abroad through surrogacy is then analysed, to demonstrate that it is reminiscent of the historical assimilation of filiation with transmission of French nationality, from which children considered illegitimate have been excluded.