Republican senators engage in the fight against surrogacy

Publié le 9 Nov, 2016

Concerned about the dispositions taken by the ECHR on gestational surrogacy, several senators[1], under the lead of the republican Jean-Pierre Leleux, tabled a draft law on October 20th 2016 “to fight against the actions engaged abroad by French people concerning gestational surrogacy”.


Already engaged in the fight against surrogacy, Jean-Pierre Leleux wishes to reinforce sanctions against agencies that organise human trafficking. He believes the current sanctions planned by law should be increased, and that new sanctions should be created for the offences carried out by French citizens abroad.


The draft law plans on modifying the article 227-12 of the penal code, to increase the sentences to

  • Three years  and 45000€ for “the fact of making one or both of the parents abandon a born or unborn child, may it be for profit, as a gift, promise, by threat, or authority abuse”.
  • Five years and 75000€ for “the fact of acting as mediator between a person wishing to adopt a child and a parent wishing to abandon its born or unborn child”.


By strengthening the law, the senators who signed the proposition wish to “oppose contracts of surrogate mothers that violate human dignity and the body of the women, of which the child is the object thus denying it its status as a human being”.


The draft law shall have to be examined by the law commission before being discussed.


[1] Robert LAUFOAULU, Mesdames Joëlle GARRIAUD-MAYLAM, Patricia MORHET-RICHAUD, Messrs Alain DUFAUT, Jacques GROSPERRIN, Alain GOURNAC, Jacques LEGENDRE, Mrs Marie-Annick DUCHÊNE, Messrs René DANESI, Marc LAMÉNIE, Louis DUVERNOIS, Didier MANDELLI, Bruno GILLES, Pierre CHARON, Rémy POINTEREAU, Jean-Marie MORISSET, Mrs Caroline CAYEUX, Messrs Bernard FOURNIER, Patrick CHAIZE, Christophe BÉCHU, Bruno RETAILLEAU, Philippe LEROY, Charles REVET, Gérard BAILLY, Gérard CÉSAR, Dominique de LEGGE, François-Noël BUFFET and Mrs Catherine TROENDLÉ.

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