Surrogacy: what is a surrogate mother?
Because the woman is unable to get pregnant, does not wish to carry out a pregnancy, or because it is a same-sex relationship between two men, some couples decide to resort to surrogacy (GPA). They then find a surrogate mother, a “nanny” who will “lend” her womb during the nine months of pregnancy. In most cases, the fertilized oocyte comes from a donor: the surrogate mother is therefore not the biological mother of the child.
At birth, the surrogate mother delivers the newborn to the “intended mother”, or to the fathers, in the case of a male couple, without any adoption. Many infertile couples go abroad, in countries where the law allows surrogacy, including the United States. But the return to France is not easy …
Surrogacy, surrogate mothers: what the law says
La bioethics law of July 29, 1994 is categorical: surrogacy is illegal in France. The ban was reaffirmed during the revision of bioethics laws in 2011. After a lively debate, deputies and then senators rejected this practice in the name of ” principle of the unavailability of the human body ». Most a breach opened in January 2013. A circular from the Minister of Justice asks the French courts to issue ” certificates of French nationality »To children born abroad to a French father and a surrogate mother. This practice was so far strictly prohibited but in fact some courts agreed to give identity papers. For opponents, this circular is a roundabout way of legalize surrogacy. A specialist in bioethics issues, lawyer Valérie Depadt-Sebag does not agree. ” With this circular, it is the best interests of the child. And that’s good, because the situation could not go on. It was necessary give legal status to these children. From there to saying that it is a means of legalizing surrogacy, I do not believe. »