Surrogacy in France
Surrogacy in France is currently banned within the legal territories of the country. So, if you are 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, 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 by 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 the 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.
What are your alternatives to Surrogacy in France?
Surrogacy in Georgia can be a wonderful option for all the heterosexual couples and individuals in the country. Couples and individuals from all over the world visit Georgia every year given the country’s flexible surrogacy regulations and world class medical support system.
Still, if you need more reasons to make up your mind regarding surrogacy in Georgia, you can read through the below mentioned facts and elements.
Georgia doesn’t have any proper regulation regarding surrogacy. Yet, both the government and medical institutions in the country are highly supportive. The rights of children, surrogate mother in Georgia, and intended parents are protected by law, and the contract outlines all of the program’s major aspects.
Best-in-class medical assistance
Georgia is home to some of the best fertility experts and top-notch surrogacy clinics in Georgia. 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 packages of services related to surrogacy in Georgia. Any additional charges that may arise during the programme 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 legalisation of practically all kinds of assisted reproductive therapy in Georgia. Donated oocytes and sperm infertility treatment programmes 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 surrogacy in Georgia, intended parents stay as the legal parents of the born child. All of the Legal components are included in the programmes, 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?
At Surrogacy Consultancy, we are a team of the best surrogacy professionals that are backed with 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.
Connect with one of our consultants today to book a free consultation!