Surrogacy carries so many ethical, emotional and biological unknowns that many countries ban it outright, France being one of them. You may have given your French DNA to a surrogate in the U.S., but in a time of dwindling resources, which country takes responsibility for this new life? Apparently not France.
In a ruling that affirmed France’s ban on surrogacy, the country’s top court refused on Wednesday to allow French citizenship for 10-year-old twin girls born to a surrogate mother in the United States who carried the babies for a French couple. The Court of Cassation said that a California county went too far by ruling that a French couple are legally the twins’ parents. The ruling exposes the legal limbo that many would-be parents find themselves in because of inconsistencies on surrogacy between countries like the United States, which legally recognizes it, and those that ban it. While the court ruled that the girls could not be listed in France’s civil registry, it also said that nothing prevented them from living with the couple in France. The couple’s lawyer said they planned to appeal to the European Court of Human Rights.