Legal Regulation of Surrogacy in France

Abstract

The development of reproductive medicine provides an opportunity to have children to persons whose health characteristics previously unconditionally prevented this, however, since this area of knowledge closely interacts with the rights of mother and child, health protection, and adoption rules, its legal regulation is of particular importance. Surrogacy is a concern in terms of the rights of the surrogate mother, since her body acts as a means to achieve a certain goal that puts her health at risk, and the child born in this way, since it is actually the object of the transaction. Thus, surrogacy raises the legal and moral-ethical question of the possibility of alienation of the human body. This article examines the legal regulation of surrogacy in France, where, despite the ban established in the legislation, this institution is in demand among citizens who resort to concluding contracts on surrogacy abroad. This situation does not allow us to unconditionally refuse to recognize the consequences of the surrogacy agreement, and therefore the main task of the legislator is to achieve a balance between the rights of the child and the established public order.