Parentage

GPA: new for the recognition of the filiation of children born abroad

Publié le 20 juillet 2026 - Public Service / (Prime Minister)

Following a foreign court decision, which presents guarantees in accordance with international public order, France must recognize the filiation between intended parents and their child born from surrogacy (surrogacy). This case law follows a judgment of the Court of Cassation delivered on July 3, 2026. Public Service tell you more.

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The case concerns a French male couple living in Canada, who twice used surrogacy in this country where the procedure is legal. The couple asked the French courts to recognize Canadian court decisions that designate them as the fathers of children born of these surrogacy, a judicial process called exequatur.

In June 2024, the couple had obtained theexequatur. But the Court of Appeal had indicated that the Canadian decisions would be produced in France the effects of an adoption.

On July 3, the Court of Cassation decided to quash the decision of the Court of Appeal and recognize the Canadian court decision without it having the effect of an adoption. « Established affiliations must be recognized as such in France, provided that the procedure provides sufficient guarantees, » she said. It considered that the best interests of the child do not permit the refusal of recognition on the sole ground that surrogacy is prohibited in France. This decision is part of a gradual evolution of French case law on this subject.

FYI  

In France, surrogacy (surrogacy) has been formally prohibited since the law of 29 july 1994 on respect for the human body Article 16-7 of the Civil Code provides that "any agreement relating to procreation or gestation for the benefit of others is void".

The parentage of a child born of surrogacy consists of the biological parent and the second parent, known as the « intended parent ».

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