Surrogacy in France: what you need to know?

France is a nation in Western Europe renowned for its varied culture, lengthy history, and important contributions to philosophy, science, politics, and the arts. There are a lot of people facing infertility issues in France however they cannot opt for surrogacy due to regulations in France. They can pursue surrogacy services internationally such as in countries like Kazakhstan (heterosexual married couples), Colombia(same-sex couples, single people, heterosexual couples), the USA (LGBTQ+, single individuals, heterosexual couples, single women,), Greece (married heterosexual couples, single women), and Mexico(heterosexual married couples, heterosexual unmarried couples, single intended parents, gay couples, single women). Since 1994, any commercial or altruistic surrogacy agreement in France has been prohibited by law and is considered illegal (Article 16-7 of the Code Civil). It was already adopted in 1991 by the French Court of Cassation. According to the ruling, a couple is not permitted to adopt a child if they agree or make arrangements with someone else for her to bear their spouse’s child, give birth to it, and then decide that she will not keep it. According to the court’s ruling, an arrangement of this kind is unlawful under Articles 6, 353, and 1128 of the Code of Civil.

In this blog, We will explore all aspects of surrogacy in France, including the history, laws, and regulations.
History of Surrogacy in France
France’s surrogacy law
Why is surrogacy illegal in France?
How do surrogacy regulations affect same-sex couples in France?
If a French couple wants to have a child but is unable to conceive, what options are available to them?

History of Surrogacy in France

France’s surrogacy history is characterized by a legislative framework that bans surrogacy arrangements and a cautious, limited approach.

Here is an abstract of French surrogacy history: In the early days of surrogacy, the majority of agreements were altruistic and unpaid. In reality, in many US states where compensated surrogacy remains illegal, this still holds today.

However, until 1994, when the Bioethics Act was passed, surrogacy was not expressly prohibited in France. Because surrogacy is considered a violation of the unborn child’s dignity in France, it was judged unsuitable in that legislation. The United States views the ability of parents to produce law-abiding, industrious, and healthy children highly and approaches the issue in a fundamentally different way.
Legal Barriers:
In France, surrogacy is expressly forbidden. Article 16–7 of the Civil Code declares surrogacy agreements to be invalid. This legal position is a reflection of ethical issues surrounding assisted reproductive technology as well as worries about the possible exploitation of women.

Bioethical Discussions:
France has a long history of thinking ethically about issues related to reproductive technologies and healthcare. Bioethical debates concerning surrogacy have focused on issues such as the commercialization of reproductive services and the welfare of all individuals involved.

Views from the Public and Political Perspectives:
In French society, the surrogacy debate has been controversial. While some argue that surrogacy should be recognized and regulated to meet the requirements of intended parents, others draw attention to the possible dangers and ethical issues that come with surrogacy agreements.

Absence of Legislative Amendments (Until 2022):
The legal situation of surrogacy in France had not changed much as of January 2022, the last time I checked. The legal ban continued, and surrogacy contracts were considered invalid. The Bioethics Act of 1994 essentially banned surrogacy throughout the whole country of France. However, as French courts have been dealing with the citizenship and paternity of children born from international surrogacy arrangements, there have been some amazing improvements.

France’s surrogacy law

A woman who becomes a surrogate is essentially carrying a child on behalf of another person. The legislation in France is very clear: surrogacy is illegal:

No Contracts Accepted:
Formal agreements for surrogacy are not permitted in France. This implies that it is illegal for people to plan surrogacy in France if they wish to become a parent through it.

Contracts are invalid:
The legislation states that a surrogacy arrangement is invalid if anyone is attempted. This indicates that any agreement formed between the person wanting a child (the intended parent) and the woman bearing the child (the surrogate) is neither recognized nor supported by the legal system.

Concerns related to exploitation:
This law was enacted to protect women from possible exploitation. Concerns have been raised regarding the possible violations of surrogacy, and the goal of the law is to protect the participating women from any harm.

Why is surrogacy illegal in France?

In simple terms, France chooses not to permit surrogacy due to a few significant reasons, which is why it is prohibited there:

Protecting Women:
France is concerned that women who choose to become surrogate mothers could be exploited or harmed. The goal of the law is to shield these women from potential harm by outlawing surrogacy.

Avoid clear of commercialization:
The French government is worried that legalizing surrogacy may make it a profitable industry where clients would have to pay for the service. They wish to stay away from the commercialization of using surrogacy to have children.

Emphasizing ethics:
French culture places a strong emphasis on acting in a way that is morally or ethically correct. The nation’s ideals and belief that some childbearing practices can give rise to ethical questions are reflected in the legislation prohibiting surrogacy.

Avoiding Legal Difficulties:
Permitting surrogacy may result in legal difficulties, particularly regarding parental rights and obligations. France intends to stay clear of these possible legal consequences by keeping surrogacy illegal.

Exercise Caution:
When it comes to assisted reproductive technologies(ART), such as surrogacy, France has opted to exercise care. The nation wants to ensure that any innovative approaches to parenting are well-considered and consistent with its values.

To safeguard women, avoid commercialization, preserve moral principles, stay out of trouble with the law, and proceed carefully with reproductive technology, surrogacy is prohibited in France.

How do surrogacy regulations affect same-sex couples in France?

Protections for same-sex couples are another new development in French surrogacy! They are now eligible to be identified as the biological parents of a child born abroad via surrogacy. That wasn’t always the case, but the matter has had to go through the legal system, just like the citizenship of a child does.

Other Options Available:
As surrogacy is prohibited, same-sex couples frequently look into alternative methods of becoming parents. Adoption or the use of assisted reproductive technologies(ART), such as in vitro fertilization (IVF), in which sperm and eggs are combined outside the body and subsequently placed into the woman’s uterus.

Potential Challenges:
The fact that same-sex couples are not allowed to legally pursue surrogacy in France may provide difficulties. They may have to deal with various legal procedures or think about alternatives outside of nations where surrogacy is lawful.

Modifying Laws:
Laws are subject to change, and discussions regarding whether to allow same-sex couples to use surrogacy in the future may arise. partners must be up to date on any legal modifications.

French laws concerning surrogacy prohibit same-sex couples from using surrogacy to conceive a child within the nation. Couples frequently need to consider different options and be careful of any potential social and legal consequences. Although there are still a lot of unclear areas, there is much more clarity now than there was just a few years ago. The good news is that international surrogacy allows same-sex couples to become parents in France.

If a French couple wants to have a child but is unable to conceive, what options are available to them?

Despite encouraging decisions by French courts, the legality of adoption in a same-sex relationship is disputed. Another interesting development is that lesbian and single women in France can now receive infertility treatments from the government, provided they use the father’s sperm and carry the child to term through in vitro fertilization.

IVF, or in vitro fertilization:
One popular assisted reproductive technique is IVF. Embryos created by combining an egg and sperm outside of the body are inserted into the woman’s uterus. Couples having trouble conceiving may consider IVF.

International surrogacy:

However, a large number of French individuals and couples have traveled to the United States to start the surrogacy process, and the outcomes speak for themselves. Even though surrogacy is not allowed in France couples and individuals from France can opt for surrogacy in international surrogacy locations such as countries like Kazakhstan, Colombia, the USA, and Greece, with Global star surrogacy you can fulfill your parenthood dreams. Without the miracle of surrogacy, there are loving, happy, and healthy French families that would not survive. Therefore, French couples and individuals must continue to travel outside of the country to start families of their own with a surrogate’s assistance.


In France, surrogacy is not permitted by law. The nation prohibits surrogacy contracts and views them as invalid with strict rules in place. Concerns regarding the possible exploitation of women, the commercialization of reproductive services, and more general ethical problems have an impact on the legal framework surrounding surrogacy in France. Because surrogacy is illegal in France, there are not many options available to couples who are having trouble becoming pregnant. Examining assisted reproductive methods like as in vitro fertilization (IVF), adoption, or fostering are examples of additional ways. Another option that people may think about is international surrogacy, although it requires navigating foreign legal systems. It’s important to remember that both public opinion and laws and regulations are subject to change. As a result, anyone in France considering assisted reproduction should keep up with any changes or legislative advancements related to surrogacy. Global star surrogacy will help you in your parenting journey and can offer personalized guidance based on the most recent data and specific situations.
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