SURROGACY IN FRANCE

In France, since 1994, any surrogacy arrangement that is commercial or altruistic, is illegal or unlawful and is not sanctioned by the law (art 16-7 of the Code Civil). The French Court of Cassation already took this point of view in 1991. It held that if any couple makes an agreement or arranges with another person that she is to bear the husband’s child and surrender it on birth to the couple, and that she is choosing that she will not keep the child, the couple making such an agreement or arrangement is not allowed to adopt the child. In its judgement the court held that such an agreement is illegal on the basis of articles 6, 353 and 1128 of the Code Civil.