Yet, as you return to France with your child while pursuing surrogacy overseas, you may have to come across a list of legal issues and complications. For the filiation to be legally acknowledged, they will need to employ a filiations lawyer.
How legal status of parents with a child from overseas surrogacy identified?
The biological parent and the second parent, known as the "intended parent," are the parents of a child born as a result of surrogacy. The intended parents had to go through an adoption procedure in order to prove their filiation with their kids up until now because they were not legally recognized.
On the other hand, the French Court of Cassation ruled in favor of the transcription of birth certificates on October 4, 2019, citing "the best interests of the child" as justification. In view of the specifics of the case, this method cannot be applied universally.
Legislators will have to get involved to clear things up and give the "intended parents" proper legal standing. Today, only the biological parent, i.e. the person who donated their own gametes, is acknowledged as the child's parent in cases of surrogacy in France.
How surrogacy laws in France changed since then?
Bioethics legislation implemented in France in 1994 restricts surrogacy in France. Article 16-7 of the Civil Code says that "any arrangement pertaining to conception or gestation on behalf of another person is null and void."
Surrogacy in France, on the other hand, creates a number of ethical issues, including the monetization of the human body. surrogacy laws in France does not recognise children born through surrogacy in a foreign country.
Case law, on the other hand, is continually changing. It was ruled in 2015 by the Court of Cassation that a surrogate child's birth certificate may include their biological parent's name in the French civil status registry.
As of 2017, a surrogate mother in France or father might adopt a kid born through a surrogacy arrangement. According to a decision handed down on October 4th, the parents of a child delivered through a surrogate may now request that the civil status record of their kid be transposed.
By ruling that an intended parent no longer has to begin an adoption procedure in order to establish filiation with their child born through surrogacy in France, the Court of Cassation has opened the door to recognise natural filiation between a child and his or her two parents, the legislation, on the other hand, has not changed.
Surrogacy birth records were transcribed into French civil status by the Court of Cassation in a ruling issued on December 18, 2019. There is now a way for both parents to be recognised as the primary caretakers of their kid without the need for adoption processes. In the interim, each case will have to be evaluated by a court because the legislation remains intact. This ruling may or may not create a precedent.
Can we expect any change to current surrogacy laws in France?
Legal recognition of children born via surrogacy in France is a reasonable next step for French law once it has made assisted reproductive technologies available to all women. If surrogacy isn't legalised soon, it's likely that recognition of the link between a surrogate kid and their biological parents will be. According the European Court of Human Rights and Cassation case law, this is indeed the case.
How Ukraine serves as a perfect alternative to Surrogacy in France?
Surrogacy in Ukraine is a perfect option for married heterosexual couples, but it is not available to lesbian, gay, bisexual, and transgender individuals. Couples from across the world seek treatment for infertility in Ukrainian centers for assisted reproductive technologies in order to avoid running afoul of the legislation in their native country.
The advantages of surrogacy in Ukrainian clinics include the following:
Surrogacy in Ukraine is completely legal
Surrogacy is regulated by law in Ukraine, making it one of the few nations where it is legal to engage the services of a surrogate. Children, surrogate mothers, and married couples' rights are safeguarded by law, and all the key features of the program are outlined in the contract. All infertility treatment programs are organized and supervised only by contracted agencies.
Best in class Medical support
The Association of Reproductive Medicine comprises of some of the best surrogacy clinics. Besides, legislators oversee the medical facilities' ability to deliver high-quality care. Only medical facilities with proper certification can carry on the related medical treatments and practices.
Each program has a set fee.
It's clear from the surrogacy contract that there would be no additional fees or charges for the whole set of services. Before signing the contract, the couple is informed of any additional charges that may occur during the program.
The terms of surrogacy contract are favorable
There are a variety of packages offered by surrogacy agencies in Ukraine, including some that include limitless IVF cycles before conception.
Option to use many infertility treatments together
Due to the legality of nearly all forms of assisted reproductive therapy in Ukraine, doctors now have more options for treating infertility, even in the most challenging circumstances. Infertility treatment programmes that employ donated oocytes and sperm have the potential to give hope to couples who are anxious to have a child of their own.
Documentation of the born child
Programs include legal elements, which includes the drafting of all the required documents for the kid, allowing parents to return to their native countries with the infant and avoid a run-in with the authorities.
There is a large variety of centres and program to choose from.
One may find various sperm banks, with surrogate moms and donated oocytes in Ukraine's fertility institutions. A wide range of reproductive treatment options are available to patients at these agencies. They also provide legal assistance for those in need.
At Miracle Baby Surrogacy, our core motive is to offer the best and most affordable surrogacy options to all the intended parents around the world. With years of expertise and experience at our back, we can help you get the best and most feasible alternative to surrogacy in France.