Question 9703 — marital status

Summary

Ms. Marie-Ange Rousselot draws the attention of the Minister of State, Keeper of the Seals, Minister of Justice, to the persistent difficulties in terms of recognition in France of the filiation of children born abroad through surrogacy. The “bioethics” law of August 2, 2021 provides that the recognition of a parentage established abroad must be assessed with regard to French law, which leads to limiting transcription to only biological parent, provided that the latter is French, and to refer the other parent to an adoption procedure, on the one hand, and to completely refuse transcription when the French parent is not the biological parent, on the other hand. At the same time, by several judgments rendered in 2024, the Court of Cassation established the case law according to which when “a foreign judgment establishing the parentage of a child born from gestation for another is vested with the exequatur, this filiation is recognized as such in France and produces the effects attached to it in accordance with the law applicable to each of these effects. This divergence between the law and case law places the French civil status services in a situation of uncertainty as to the applicable regime. Regarding the return of children to France, the Council of State ruled in 2016 that the only condition required for the issuance of a pass is to establish the French nationality of the child and not to produce a French civil status certificate or a transcribed certificate. However, some consulates continue to condition the delivery of this document on prior transcription, which, taking into account the bioethics law, can lead to only including the biological parent on the French document and to leaving the child without filiation. established with regard to the other parent or to refuse the pass if the French parent is the intended parent and the biological parent is of another nationality. She asks what measures the Government intends to take to harmonize the practice of consular services and the central civil status service, clarify the relationship between the 2021 law and the case law of the Court of Cassation and guarantee that the issuance of documents pass complies with the jurisprudence of the Council of State of 2016.

Machine translation from French. The official text remains authoritative.

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