[Jurisprudence] The Court of Cassation refuses the registration of a baby born through surrogacy

Publié le : 21 March 2014

 In decree No. 281, the Court of Cassation has just repealed and cancelled a decree passed by the Rennes Court of Appeal. With this act of jurisprudence, the Court of Cassation is refusing to register a birth certificate issued in a foreign country because it “contravenes French law”. It is based on articles 16-7, 16-9 and 336 of the French civil code. The matter has been referred to the Court of Appeal in Paris.

Although Internet sites illegally offer surrogacy services in France and at a time when the Defender of Human Rights, Dominique Baudis, has just called in the Keeper of the Seals (Gènéthique press review on March 10th, 2014), the Court of Cassation states that surrogacy is illegal in France and that registering the birth of a child born through surrogacy contravenes French law.

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