"French" babies from surrogate mothers abroad, the trick to accessing surrogacy

Surrogacy is strictly prohibited and punishable in France but authorized in other countries. Some future parents therefore go abroad. What status for their babies when they arrive in our territory? PMA, Medically Assisted Procreation, is practiced in France. It is very supervised and concerns only the medical infertility of heterosexual couples. Homosexual couples must therefore go abroad.

Par against Gestation Pour Autrui is strictly prohibited and punishable by French law. It means abandonment of a child and generally sale of it, that is to say a trade in embryos and then newborns, associated with an assimilation of women to a production enterprise. All of this raises serious ethical questions.

Until the end of 2013, couples who returned to France with a baby "made" abroad had to go through a real obstacle course to get it registered with the Civil Registry. In January 2013, the Taubira law obliges these services to recognize French nationality for babies born of surrogacy in other countries. This is the big gap between a strict ban on French soil and "respect" for the laws of other countries. It is difficult to follow logic.

And this week debate and vote in the Council of Europe. The text presented by a Belgian senator, a gynecologist who practices surrogacy in her clinic, proposed to adopt an intermediate position by legalizing “altruistic surrogacy”, in other words not paying. Because the woman who would agree to "render service" would not use her body to earn money, and would not be the object of a trade where she would be shamefully exploited.

The arguments were surely not convincing enough since the vote was negative by a very small majority. (16 against 14). A number of movements and associations in different countries reject and fight surrogacy on ethical grounds.

Christians are overwhelmingly opposed to surrogacy because they consider that a baby, a creature of God, cannot be the subject of a financial transaction. For the respect of the family and filiation, a mother must give birth to her child. Her body cannot be used as a production enterprise for another person who will not be the mother of the child and whose baby will not be the child.

Elisabeth dugas

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