Surrogate motherhood has been prohibited in France since 1991, under a decision by the France’s highest court. “Any agreement, even if it does not provide for compensation, and according to which a woman is agreed to conceive, carry and gave a birth to a baby, and to repudiate it after that, is being antinomy to the public law and order, a human body immunity law and an individual private status”.
This prohibition was confirmed in the bioethics law of 1994, and is codified in article 16-7 of French Civil Code (“Civil Code”).In the article 16-7 of the Civil Code of France it is indicated: “Any agreement, concluded with the aim of conception or bearing of a child in a third person favor is purposeless”.
Moreover, the article 227-13 of the French Criminal code contains the following addendum: “Voluntary replacement of a mother, including simulation or hiding of a pregnancy, which has made with the purpose to change a private child status, is to be punished by three years confinement and fine amounted to EUR 45000.An attempt to commit such act involves the same punishment.
These regulations are valid only on the territory of France and not extend for the other countries.