Surrogacy: are we waiting for a fait accompli?

Publié le : 21 February 2014

 The American company, Extraordinary Conceptions which specialises in putting couples in touch with surrogate mothers with a view to concluding surrogacy agreements, is carving its market niche in France despite the illegal nature of its services. Via its social networking sites, it has announced meetings in several cities (Lille, Paris, Lyon, Toulouse and Nice) where "would-be parents" can meet and find out about legal surrogacy in the United States.

The association of Jurists for Childhood already lodged a complaint last January (Gènéthique press review on January 13th, 2014) and is now complaining of "double manipulation". This is tantamount to legal manipulation in the first instance, since these informative meetings clearly constitute a punishable offence, as described in Article 227-12 of the French Penal Code: "acting as an intermediary between a person or a couple desiring to receive a child and a woman agreeing to bear this child with the intent to give it to them is punishable with sanctions (imprisonment and a fine of €15,000). Where the offence is habitually committed for pecuniary gain, the penalties incurred are double". Media manipulation is also involved since American society "endeavours to imply that it is acting impartially", supporting equal rights for homosexuals, when, in reality, this is clearly a profit-making business.

The Extraordinary Conceptions
 blog explains how the [Taubira memorandum] reinforces the legitimacy of the approach taken by would-be parents to access surrogacy in the United States". This memorandum allows children "conceived" abroad by surrogacy to become naturalised French citizens. "This is one way of creating a fait accompli", which will warrant recourse to the legislative ban on surrogacy.

Will the authorities take legal proceedings against Extraordinary Conceptions? Family Minister, Dominique Bertinotti, has pointed out that "surrogacy will not be discussed". Bruno Retailleau (UMP MP) is asking the government to take legal measures against this company. At the same time, the complaint lodged by the Jurists for Childhood has not yet been registered by the Attorney for the French Republic.

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