Europe: towards a common legislation on surrogacy?

Publié le : 7 June 2013

 In France, while surrogacy was left out of the recently voted law on homosexual marriage, the issue has resurfaced "surreptitiously in a European report" commissioned by the European Parliament from French and other jurists for 8 July, which reviews this practice in Europe. Xavier Labbée, a lawyer in Lille who is a specialist in ethical matters and author of the French section of the report, states: "in Europe there is complete disorder: the positions of the countries are very different."
According to Laurence Brunet, coordinator of the report and a researcher at Université Paris 1, the European MPs did not specify their intention when commissioning this report. She points out: "We were asked to comb through all the legal rulings issued in the different countries, and everything to do with standards." She adds that their report had to make "proposals on the possibilities of legislating at European level."

Reacting to the highly controversial circular issued by the Minister for Justice Christiane Taubira in January, which calls on French jurisdictions to grant French nationality to children born abroad through surrogacy, as well as to the various  (Cf Synthèse de presse du 30 janvier 2013)contradictory legal rulings made in 2011 in this area, Laurence Brunet considers that French law has become "
illegible". This is confirmed by Daniel Fasquelle, UMP member of parliament and professor of law: the "legal situation is confused" in France, a confusion which "derives from the political confusion." This jurist, the author of the appeal against the Taubira circular to the Conseil d’Etat (the highest court in France) with his colleague Guillaume Larrivé, denounces "the strategy of small steps. […] We were well aware that behind the law on homosexual marriage, some people would continue to come forward to impose MAP and surrogacy on us! […] It’s a bit much to have recourse to surrogacy abroad and then return to France with children and to say that we have to regularise a situation created by parents who themselves have acted illegally…"

Share this article