France Recognises Parenthood for Children Born via Surrogacy Abroad

France's highest court has ruled that both parents of children born through surrogacy abroad must be legally recognised. The Cour de cassation issued the decision on 2 July 2026. It ends years of legal uncertainty for many same-sex couples with children born via gestational surrogacy, known in French as GPA.

The ruling means French authorities can no longer refuse to register the non-biological parent on a child's birth certificate. This applies when the surrogacy took place in a country where the practice is legal, such as the United States or Canada.

What the court decided

The case involved a gay couple whose child was born via surrogacy in California. One father is the biological parent. The other father had legally adopted the child in the United States. French civil registry offices refused for years to record both men as parents.

The Cour de cassation ruled that this refusal violated the child's right to a stable family life. The court referred to Article 8 of the European Convention on Human Rights. That article protects private and family life.

According to the ruling, the best interest of the child must come first. Judges wrote that a child cannot be punished for the way he or she was conceived. The court ordered full transcription of the foreign birth certificate into the French civil registry.

How the law was before

Surrogacy is banned in France. Article 16-7 of the French Civil Code states that any agreement about pregnancy on behalf of another person is void. This ban has been in place since 1994.

For years, French courts refused to recognise parenthood links created through surrogacy abroad. The reasoning was that recognition would go around the domestic ban.

The situation began to shift after rulings by the European Court of Human Rights. In the Mennesson v. France case of 2014, judges in Strasbourg found that France had breached the rights of children born via GPA in the US. France was told to find a way to recognise the parent-child link.

Between 2015 and 2023, French courts allowed partial recognition. The biological parent could be registered. The other parent had to go through adoption. This process often took years and was not always successful for same-sex couples.

The 2021 bioethics law made adoption easier for the non-biological parent in same-sex couples. But it did not solve the problem of direct recognition on the birth certificate.

What changes for families

The new ruling has direct consequences for hundreds of families in France. Estimates from associations such as APGL (Association des Parents Gays et Lesbiens) suggest that between 2,000 and 3,000 children in France were born via surrogacy abroad.

These families can now request full transcription of the foreign birth certificate. Both parents will appear on the French document. This gives the non-biological parent full legal rights from birth. It affects inheritance, parental authority, school decisions and medical consent.

Before the ruling, the non-biological parent often had no legal status until adoption was granted. This created problems in emergencies. A father could be blocked from making medical decisions for his own child.

Practical steps

Families with a foreign birth certificate must submit a request to the Nantes civil registry service. This office handles all foreign birth documents for French citizens. Legal experts advise families to prepare the following:

• The original foreign birth certificate, translated and legalised
• Proof of French nationality of at least one parent
• Any adoption or parental order from the foreign court
• Identity documents of both parents

Processing times are expected to be several months. The Ministry of Justice has said it will publish new guidelines for civil registry officers in autumn 2026.

Reactions from both sides

LGBTQ+ family associations welcomed the ruling. APGL called it a historic step. The group said many families had lived for years in legal limbo. Lawyer Caroline Mecary, who has represented several families, told French media the decision brings France in line with European standards.

Opponents of surrogacy criticised the ruling. The Manif pour tous movement, which campaigned against same-sex marriage in 2013, said the court had gone around the will of parliament. Catholic bishops in France repeated their opposition to surrogacy. They argue that GPA treats women's bodies and children as commercial goods.

Some feminist groups, including CoRP (Collectif pour le Respect de la Personne), also oppose surrogacy. They argue it exploits women in poorer countries. CoRP said the ruling makes France complicit in a global market.

Justice Minister Gérald Darmanin said the government would respect the court's decision. He added that the ban on surrogacy inside France would not change. Legislation to explicitly ban surrogacy tourism has been discussed but not passed.

How France compares to other countries

Surrogacy rules vary widely across Europe. The table below shows the main positions.

Italy has taken the opposite direction. A 2024 law made surrogacy a universal crime for Italian citizens, even when carried out abroad. France's ruling shows a different balance between banning surrogacy at home and protecting children born abroad.

What comes next

The French parliament may still legislate on the issue. Some deputies want a clear law that mirrors the court's position. Others want stricter rules against surrogacy tourism.

For related reading on family and parental rights across Europe, see our article on the Italian court ruling on three legal parents. For those seeking protection based on sexual orientation, see our guide on asylum rights for LGBTQ+ refugees in Europe.

The Cour de cassation ruling is final and binding on all French courts. Families affected can now begin the transcription process. The debate on surrogacy itself, however, is far from over.