France Recognises Parentage of Children Born Through Surrogacy Abroad

France's highest court has ruled that both intended parents of a child born through surrogacy abroad can be legally recognised in France. The Cour de cassation confirmed the decision on 26 June 2026. The ruling ends years of legal uncertainty for same-sex couples and other families who used surrogacy in countries where it is legal.

The court said French authorities must transcribe foreign birth certificates in full. That includes the name of the second parent, even if that parent has no biological link to the child. The decision applies to gay male couples, single fathers and heterosexual couples alike.

What the court decided

The case involved a French couple whose child was born through gestational surrogacy in the United States. The American birth certificate listed both men as fathers. French civil registrars had refused to record the second father, arguing this went against French public order.

The Cour de cassation rejected that view. Judges ruled that refusing to recognise the second parent harmed the child's right to a stable legal identity. The court cited Article 8 of the European Convention on Human Rights, which protects family life.

In its written decision, the court stated that "the higher interest of the child requires the full transcription of the foreign birth certificate." The ruling is binding on all French lower courts and civil registrars.

How the law worked before

Surrogacy has been banned in France since 1994. Article 16-7 of the Civil Code declares surrogacy contracts null and void. The ban applies to both altruistic and commercial surrogacy.

French citizens who wanted a child through surrogacy travelled abroad. Popular destinations included the United States, Canada, and Ukraine before the war. When they returned to France, they faced a legal wall. Authorities often refused to register the child as French. If they did, only the biological parent was listed on French records.

The second parent had no legal link to the child. That parent could not make medical decisions, collect the child from school, or inherit under normal rules. In case of death or separation, the child could lose contact with one of their parents.

Same-sex male couples were most affected. Since 2013, France allows same-sex marriage and joint adoption. But for children born through surrogacy abroad, the adoption route was slow, expensive and uncertain. Some couples waited years for a court decision.

What changes now

Civil registrars in France must now record both parents from a valid foreign birth certificate. The transcription is automatic if the foreign document meets standard authenticity checks. Parents no longer need to start a separate adoption case.

The change has concrete effects:

• Both parents get full parental authority from day one
• The child receives French nationality through either parent
• Inheritance rights apply equally to both parental lines
• Social security and family benefits cover both parents
• Schools and hospitals must recognise both parents

The ruling does not legalise surrogacy inside France. The 1994 ban remains in force. French citizens must still travel abroad, and the practice must be legal in the country where the child is born.

Reactions from both sides

LGBTQ+ family groups welcomed the decision. The Association des Familles Homoparentales (ADFH) called it "a long-awaited step for legal security." Lawyers who worked on the case said hundreds of families had been waiting for this clarification.

Not everyone agrees. Conservative groups, including La Manif Pour Tous, criticised the ruling. They argue that recognising foreign surrogacy weakens the domestic ban. "France cannot ban surrogacy at home and accept it through the back door," the group said in a statement.

Some legal scholars share this concern. They warn that the ruling may push more couples to use surrogacy abroad. Others say the court simply applied established European case law. The European Court of Human Rights has ruled several times, starting with Mennesson v. France in 2014, that France must recognise the parental link of children born through surrogacy.

How France compares to neighbours

European countries handle surrogacy in very different ways. The map below shows the main approaches.

Italy has moved in the opposite direction. In 2024, the Italian parliament made it a criminal offence to use surrogacy abroad. Spain's Supreme Court also tightened its stance. France is now closer to Belgium and the UK on this issue.

Practical steps for families

Parents who used surrogacy abroad and were previously blocked can now request a full transcription. The application goes to the Nantes civil registry, which handles all foreign birth certificates for French citizens. Cases that were refused in the past can be reopened.

Legal experts advise families to gather the original birth certificate, an apostille or legalisation, and any court decisions from the country of birth. Translation by a sworn translator is required.

Families in other situations may also find useful comparisons in our overview of the Italian ruling recognising three legal parents and how Japan's Supreme Court is examining same-sex marriage. For those who fled discrimination, see also asylum rights for LGBTQ+ refugees in Europe.

What comes next

The French government has not announced plans to change the domestic ban. Justice Minister Gérald Darmanin said the ruling "clarifies the situation for children already born" but does not open the door to surrogacy in France. Debate is expected to continue during the 2027 presidential campaign.

For thousands of children already living in France, the practical result is simple. Both their parents are now, at last, their legal parents.