Recent Court Cases Highlight the Difficult Questions Related to Medically Assisted Procreation in France

Overview


In Depth


Law No.2013-404 dated May 17, 2013, (the Law) allowed same-sex couples to get married and to adopt children, through either the mutual adoption of a child or the adoption of the same-sex spouse’s biological or adopted child. However, same-sex couples are still denied the right to resort to medically assisted procreation (MAP) and gestational surrogacy. This situation is further complicated by the fact that some French courts have permitted the adoption of children born through MAP by same-sex couples, while other courts refused to do so, thereby creating a patchwork of inconsistent legal situations, leading to frustration and growing debates on this topic.

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