Authorized in a number of European countries (Belgium, the Netherlands, Poland, Slovakia, Romania, Ireland and the United Kingdom), surrogacy is totally prohibited in France. The French administration still refuses to recognize the bond of filiation between parents and their children from a surrogacy. However, the European Court of Human Rights (ECHR) gives precedence to “the best interests of the child” to request that birth certificates made abroad be transcribed in French civil status.
This is why France has once again been condemned by the European Court of Human Rights for having refused to transcribe the birth certificates of 3 children born in India to an Indian surrogate mother and a French father. .
It ordered the State to pay 5,000 euros to each of the children concerned for “non-pecuniary damage”, and 15,000 euros to each family for procedural costs.
The fathers are therefore now appealing to the Keeper of the Seals (hierarchical superior of the Nantes prosecutor’s office) “so that without waiting for the transcription of the birth certificates of their children to be ordered and carried out in order to make the decision of the ECHR effective and thus put an end to 7 years of indignity and unnecessary suffering”, as their lawyer explains.
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