The Nantes Regional Court, the only court with the authority to register the birth certificates of children born abroad, validated on Thursday, 23 May, “the complete transcription of the birth certificate, including the names of the father and mother, of a young girl born in 2015 in the U.S. through surrogacy”. The child may be registered in the French Civil Registry with the name of her biological father, an American citizen, and that of her intended mother, both of whom are the child’s biological parents.
“French courts have ruled that maternal parenthood can be recognised under French law as long as it is shown that the child born abroad via surrogacy is the result of the gametes of the French mother who did not give birth to the child”, said Matthias Pujos, the couple’s attorney.
The court found that the “best interests of the child” implies “recognition of the situation abroad in accordance with foreign laws in order to guarantee the child’s right to respect for his or her identity within the national territory, of which the parents and French nationality constitute essential aspects”.
Such decisions have been followed by an appeal each time, with the Court of Appeals of Rennes systematically returning to a partial transcription in accordance with the case law of the Court of Cassation.