To respond to the infertility of a heterosexual couple or the desire of homosexual couples to have children, many French people resort to surrogacy (GPA) every year, although it is forbidden in France. You will therefore have to go abroad to meet a surrogate, a journey with a procedure and costs that vary by country.
Surrogacy: Who Can Use a Surrogate Abroad? Why are they banned in France?
Surrogacy (surrogacy) is strictly prohibited in France by the bioethics law of July 29, 1994. The reasons given are those Principles of the unavailability of the state of persons and the unavailability of the human body, which is tantamount to rejecting any “commodification” of children’s and women’s bodies that could lead to ethical deviations. The use of a surrogate mother is punishable by law six months imprisonment and a fine of 7,500 euros for the intermediary authorizing the operation on French territory (doctor, midwife, etc.).
French couples who want to use this technique must therefore go abroad, to a country that allows surrogacy. Proponents of surrogacy denounce this reproductive tourism resulting from this ban in France. They would prefer this procedure to be rigorous, particularly to avoid the complex legal and administrative situations of children born to a surrogate mother abroad who then cannot sustain one French nationality.
In theory, anyone can use a surrogate abroad. In practice, the cost of this process will prevent many people from realizing their desire to have children in this way. Furthermore, Some countries allow surrogacy but restrict access. Georgia, for example, has only opened this form of assisted reproduction to married heterosexual couples.
Europe (Belgium, Italy, Spain, Ukraine…), USA, Canada… In which countries is surrogacy allowed?
In Europe, Slovakia, Poland, Netherlands, Belgium and Ireland allow surrogacy. Romania, Ukraine, Greece, Georgia and England authorize it by framing it legally. Furthermore, some states of the United States, Canada and Russia allow surrogacy and are among the most popular destinations for French couples.
Legislation varies from country to country. Most do not provide for compensation, as the surrogate’s action must be altruistic, apart from the medical costs associated with the pregnancy. Certain countries require couples to choose another egg donor of the surrogate mother, which authorizes surrogacy only, not procreation for others. Another example: California signed a parental acknowledgment while pregnant, avoiding a reversal of the situation.
grade point average is however forbidden in Spain, Portugal, Italy, Germany, Finland, Denmark, Sweden, Norway, Iceland, Luxembourg, Hungary, Switzerland, Turkey, Kosovo or Japan.
The cost of surrogacy varies significantly depending on the environment in which it is used. when the latter is altruistic or when the surrogate is remunerated, or also when the health care system of the surrogate’s country reimburses the health care costs associated with the pregnancy. However, this remains an expensive process. In Georgia or Ukraine, for example, it is at least 50 or 60,000 euros, in Canada more than 100,000 euros and in the USA more than 150,000 euros.
Some countries require a contract for the surrogate that sets out the salary she will receive for nine months, others do not oversee as much but require monetary compensation. Conversely, Canada only allows altruistic GPAs, resulting in a smaller number of volunteers than other countries.
Many websites offer entering a File of Surrogate Potential. Forums even connect intended parents and surrogate mothers. While some countries regulate these procedures very little, others oblige the surrogate mother to pass medical-psychological interviews, health examinations and participation in information sessions on the ethical, administrative and legal aspects of the technology. These phases also serve to become aware of the importance of the decision and to allow for a good reflection before engaging in this form of “self-sacrifice”.
- The Maia Club
- The Supporting Committee for the Legalization of Surrogacy (Gestation for Others) and Assisted Reproduction