Despite a legal ban on surrogacy in France, the Court of Appeal in Rennes has recently upheld a previous ruling to give French civil status to twins born to a French couple following an Indian surrogate arrangement.
This ruling is in stark contrast to a separate case last year where the French Supreme Court denied civil status to twins born following a US surrogacy arrangement. The Court of Appeal’s recent decision in Rennes was made on the basis that although they could not validate the surrogacy agreement, they could grant the twins civil status relying on article 47 of the French civil code (even though similar arguments in the French Supreme Court were unsuccessful last year). This judgment placed the best interests of the twins at the heart of the decision, although it is still unclear if this marks a change in attitudes towards surrogacy law and practice in France as a whole.
International surrogacy arrangements continue to raise complex legal issues that challenge law and policy around the world. Many countries prohibit surrogacy or legally restrict the practice of surrogacy. International surrogacy arrangements often create complex international conflicts of law that can leave surrogate born children stateless with no citizenship anywhere in the world.