Top judiciary rules France must recognise children born from surrogacy abroad
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Top judiciary rules France must recognise children born from surrogacy abroad
Make us preferred on Google Families with young children gather inside an air-conditioned room open to the general inside the 17th sector metro hall as temperatures rise in Paris, France, June 25, 2026. — Reuters France's top judiciary ruled on Friday that children born through surrogacy abroad should be recognised in France as the children of their intended parents, even though the practice is banned in the country.
France's prohibition on surrogacy — the arrangement by which a woman carries and gives birth to a child on behalf of intended parents who are unable to do so themselves — has left many children born through surrogacy abroad and their parents in legal limbo, while also posing challenges for French courts.
The ruling stemmed from the case of a married male couple who had three children through surrogacy in Canada and sought official recognition in France of a Canadian judiciary ruling establishing them as the children's legal parents.
"Given the superior interest of the child, the French prohibition on surrogacy does not, in itself, allow for the rejection of a external judgement which declares the intended parents as the legal parents of the child born through surrogacy practiced in that country," the judiciary stated in a comment.
The judiciary also cited a ruling by the European Judiciary of Civil liberties, which held that a national prohibition cannot obstruct the relationship between a child and their intended parents.
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