No, surrogacy is prohibited in France under the Bioethics Law of 2021 (Law No. 2021-1017), which reinforces the Civil Code (Art. 16-7, 16-9) and criminalizes commercial surrogacy arrangements. Only altruistic surrogacy is theoretically permitted, but enforcement by the Agence de la Biomédecine (ABM) and courts remains stringent, with no legal recognition of foreign surrogacy contracts. The 2026 draft bioethics reform maintains this stance, prioritizing child welfare over parental rights.
Key Regulations for Surrogacy in France
- Absolute Ban on Commercial Surrogacy: Article 16-7 of the Civil Code explicitly criminalizes payments to surrogates, punishable by up to 1 year imprisonment and €15,000 fines (Art. 227-12). Only “reasonable expenses” may be reimbursed, subject to ABM approval.
- No Legal Recognition of Foreign Surrogacy: French courts refuse to transcribe birth certificates from countries where surrogacy is legal (e.g., Ukraine, California), per Cass. Civ. 1re, 5 July 2017, No. 16-16.455. Parental orders are denied, forcing adoptive processes.
- Altruistic Surrogacy Constraints: Even if permitted, altruistic surrogacy requires prior ABM authorization, genetic linkage to at least one intended parent, and a mandatory 9-month waiting period post-birth for judicial validation. Surrogates must be unrelated to the child.