Question 14344 — family

Summary

Mr. Bernard Brochand draws the attention of the Prime Minister to the urgency for France to take the initiative and take all necessary steps with the competent international authorities to obtain a universal ban on surrogacy. Indeed, surrogacy, a contract by which a woman carries a child for someone else, only to abandon it at birth and return it to her co-contractors, is prohibited under French law, because it is contrary to the intangible principles of unavailability and inviolability of the human body. However, following delays in case law, the plenary assembly of the Court of Cassation requested an opinion, on October 5, 2018, from the European Court of Human Rights in order to know whether “the intended mother” should be considered, by the law of filiation, as the legal mother. Gold authorizing the automatic transcription of foreign documents would be equivalent to accepting and normalizing surrogacy in the territory. It is therefore essential to prevent this circumvention of national law by calling for a universal ban on surrogacy, just as the sale of children is prohibited. He therefore asks him to please clarify whether he intends to work in this direction and within what time frame.

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