Surrogacy in France: legality of the procedure

What Are the Options for surrogacy for couples in France?
Legal Issues and Expenses Estimation

Surrogacy in France is currently banned within the legal territories of the country. So, if you are an intended parent trying to locate a surrogacy clinic in France for your respective surrogacy arrangements, you may have to look at other options such as Ukraine, the United Kingdom, the United States, Georgia, Australia and Canada.

While doing that, you must also know that pursuing surrogacy abroad while being a French citizen may attract a slew of legal concerns and obstacles. Besides, you may have to go through random legal obstacles and issues while returning to your country France with your kid during the same process. That said, the intended parents have to hire a filiations lawyer in order to obtain national citizenship for their child.

Surrogacy laws in France

Surrogacy stays prohibited in France as per the law. Besides, a child born through surrogacy has two parents: the biological parent and the second parent, known as the “intended parent.” Because they were not legally recognized, the intended parents had to go through an adoption procedure to show their filiation with their child up until today.

On October 4, 2019, the French Court of Cassation decided in favor of birth certificate transcription, stating “the best interests of the child” as the rationale. This strategy cannot be implemented uniformly due to the characteristics of the case.

To clarify things and provide the “intended parents” with adequate legal status, legislators will have to get involved. In situations of surrogacy in France, only the biological parent, i.e. the person who gave their own gametes, is recognised as the child’s parent.

So, even though you pursue surrogacy in some other country while being a French citizen, you have to go through a legal procedure in order to gain French citizenship for the born child.

Parents must go through the adoption procedure to obtain a child’s citizenship

The Court of Cassation determined in 2015 that a surrogate child’s birth certificate in the French civil status register might include their biological parent’s name.

A surrogate mother or father in France may adopt a child born through a surrogacy agreement as of 2017. The parents of a child born through a surrogate may now request that their child’s civil status record be transferred, according to a ruling issued on October 4th.

The Court of Cassation has opened the door to recognise natural filiation between a child and his or her two parents by ruling that an intended parent no longer needs to start an adoption procedure in order to establish filiation with their child born through surrogacy in France. However, the legislation has not changed.

The Court of Cassation translated surrogacy birth data into French civil status in a judgment given on December 18, 2019. There is now a method for both parents to be recognised as their child’s primary caregivers without having to go through the adoption procedure. In the meantime, while the statute is still in place, each case will have to be examined by a court. This decision might set a precedent or not.

After making assisted reproductive technologies available to all women, legal recognition of children born through surrogacy is a natural next step for French law. If surrogacy in France does not become legal soon, it is probable that recognition of the surrogate child’s biological parents would. This is correct, according to case law from the European Court of Human Rights and Cassation.

Surrogacy for singles in France: Is it possible?

A new bioethics law proposal that would allow the use of IVF for lesbian couples and single women was filed for consideration in France.

The Catholic Church and about 20 French groups that help family values opposed the new law. The new legislation’s opponents believe that any changes to the law will make way for the legalisation of surrogacy.

If you are opting for surrogacy for single men in France, you will probably need to use a donated egg to finish the in vitro process because heterosexual couples usually build an embryo from their own egg and sperm.

If you do not already have a preferred fertility clinic or egg bank, We at surrogacy consultancy in France guide you to complete yours in vitro process. After your embryo is successfully transferred to a surrogate’s uterus, your surrogacy process will continue like surrogacy for heterosexual couples in France. If we talk about the cost then it would be the same as the surrogacy cost for heterosexual couples in France.

Surrogacy cost in France: estimated costs

Because of complicated surrogacy laws in France, intended parents must find another country to fulfil their dreams. In this situation, the independent issues may increase the cost of a surrogate pregnancy. In addition, to travel costs, reproductive medical treatments demand a reasonable cost. So, the most effective option to reduce surrogacy cost for couples in France is to contact a surrogacy agency overseas. It is the ideal choice for reducing money and getting complete support. The typical total surrogacy treatment cost in France includes:

Agency/clinic services aid
legal costs
Payment for a surrogate mother in France
By selecting a reputable and experienced surrogacy agency in France, third-party reproduction can be affordable.

Surrogacy for LGBT Couples in France

Issues for surrogacy alternatives also affect the LGBT community. As was already established, getting parental rights to a child born through surrogacy is not simple in France. Similar issues happened with surrogacy for gay couples in France in which one partner did not provide his or her biomaterial for conception.

Adoption is the only option allowed by law. In a certificate, the government claims that it will only acknowledge a genetic father so that the other parent can legally adopt the child. It undoubtedly affects female LGBT couples who become pregnant with donor sperm during surrogacy, implying that neither parent is the biological father.

There are other legal issues also in addressing a surrogate for LGBT couples in France. Even so, the country’s legislation has approved recognising the parents of a child born via surrogacy overseas as a family unit.

What are your alternatives to Surrogacy in France?

Surrogacy in Georgia, the UK, Ukraine, Australia, Canada and the US can be some wonderful options for all heterosexual couples and individuals in the country. Couples and individuals from all over the world visit these countries every year due to flexible surrogacy regulations and a world-class medical support system. Our surrogacy consultant in France can guide you to choose the best option for you.

Still, if you need more reasons to make up your mind, you can read through the below-mentioned facts and elements.

Supportive legislation

These countries either have proper laws or don’t have any proper regulations regarding surrogacy. Yet, both the government and medical institutions in these countries are highly supportive. The rights of children, surrogate mothers, and intended parents are protected by law, and the contract outlines all of the program’s major aspects.

Best-in-class medical assistance

These are the home to some of the best fertility experts and top-notch surrogacy clinics. Furthermore, lawmakers are responsible for ensuring that medical institutions are capable of providing high-quality treatment. Only medical establishments that have received sufficient certification are permitted to carry out the aforementioned medical treatments and procedures.

Affordable surrogacy programs

The surrogacy contract makes it clear that there will be no additional fees or charges for the entire package of services related to surrogacy. Any additional charges that may arise during the program are communicated to the couple prior to signing the contract.

Availability of a list of infertility treatment options

Doctors now have more alternatives for treating infertility, even in the most difficult conditions, thanks to the legalization of practically all kinds of assisted reproductive therapy in these countries. Donated oocytes and sperm infertility treatment programs have the ability to provide hope to couples who want to start a family of their own.

Intended parents stay as the legal parents of the child

During the surrogacy journey, the intended parents stay as the legal parents of the born child. All of the Legal components are included in the programs, such as the creation of the essential documentation for the child, allowing parents to return to their home countries, and other legal implications.

How can we help?

Surrogacy Consultancy provides you with the best advice on surrogacy costs, laws, clinics and surrogacy agency in France. We have a team of the best surrogacy professionals that are backed by years of experience and expertise in the same domain. With us, you can stay assured of getting the best possible support and guidance during every step of your surrogacy arrangement.

Here, our main focus is to provide the finest and most affordable surrogacy solutions to all intended parents globally. Over the past few years, we have helped and supported thousands of couples in their quest to achieve parenthood via surrogacy. Contact today!