A child born abroad to a surrogate mother may now be adopted by its father’s husband.
Last Thursday, July 5th, 2017, the French Supreme Court declared that a surrogate child born abroad may be adopted by the husband of its biological father. This judgment allows henceforth to establish the filiation link between the child conceived through medically-assisted procreation and its two parents: the biological father, whose gametes were used when initiating the reproductive program in a foreign country, and the social father, who, despite not having any biological bond with the child, usually procures the services of a surrogacy agency with his husband.
«The implementation of a surrogacy program abroad shall not be an obstacle to the adoption of the child by its father’s husband», the highest French jurisdiction indicated in its press release.
A same-sex couple raising a child born to a surrogate mother in California – a prohibited practice in France - had submitted to the Court an application for the adoption of the child by its «non-biological father». Although the paternity of the first spouse had been acknowleged, the application of the second spouse had been repetedly rejected over the past 11 years.
Eventually, the French justice recognized his right to make an application for a «simple» adoption which, unlike full adoption, does not annul the origin of the child: its surrogate mother is still recognized as the mother of the child in the French civil registry, but the husband of its biological father becomes, legally speaking, a second father to him.
This decision confirms the previous Minister of Justice Christiane Taubira’s law on same-sex marriage. «This judgment will indeed enable the filiation link between a child and two same-sex people without any restrictions concerning the reproduction method», it is said in the press release. It is also mentioned there that «it is, however, for the Judge to make sure that all the legal conditions for the adoption have been met and that it complies with the best interests of the child».
Surrogacy.Ru Information Service