Recognition of filiation for children born abroad via surrogacy (GPA)
What changed
France's Cour de cassation (Supreme Court) says French courts must accept the legal parentage of children. This applies to children born outside France using gestational surrogacy (GPA). Gestational surrogacy means a woman carries a pregnancy for people who then become the child's parents. Courts must accept parentage if the foreign court decision follows international public policy. This means it respects basic fairness and rules that countries generally agree on. It must also offer enough safeguards. The Supreme Court made this decision on 3 July 2026. This changes earlier decisions where courts might only accept parentage through adoption. Now, courts must accept parentage 'as such.' This means it must directly match the foreign court's decision. This is true even though France does not allow gestational surrogacy. This change affects French citizens. It applies to those who had children using legal gestational surrogacy in other countries.
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Policy history
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