Gestation pour autrui pratiquée à l'étranger : conséquences pour les couples français et évolution du cadre légal dans certains pays

Surrogacy is not allowed by law in France but is practiced in other countries in Europe or the world. There is a wide disparity in the legal framework between countries which leads to a real reproductive tourism because couples move to get what is not allowed in their country, especially surrogacy. Our work presents the differences in the legal framework of medical assisted procreation, the situations that allow French couples access to this technology abroad and the difficulties when coming back to France to recognize the French nationality and the filiation of children born abroad. Recent decisions of the Court of Cassation confirmed the change of the certificate of birth of the child born abroad was not possible. The description of the situation in the Czech Republic and Ukraine shows that these countries want to limit and to supervise on their territory, access to these techniques for foreign couples.