For French Couples

Where can French couples do surrogacy abroad?

Last reviewed · Andrew Khodonovych

An honest guide for couples from France — covering the Article 16-7 ban, what each destination offers, and how to bring your baby home with French citizenship through the transcription d'acte process established by Mennesson jurisprudence.

The situation in France

i
France reality

France prohibits surrogacy domestically under the Article 16-7 of the Civil Code (1994), but does not criminalize intended parents who go abroad. Hundreds of French couples have completed surrogacy abroad and brought their children home through citizenship by descent + transcription d'acte.

Surrogacy is completely prohibited in France under the Article 16-7 of the Civil Code (Article 16-7, Embryo Protection Act 1990). Both commercial and altruistic arrangements are illegal. It is a criminal offence for French fertility doctors and clinics to assist with surrogacy in any form.

However — and this is important — the French law penalizes doctors and intermediaries, not the intended parents themselves. Going abroad for surrogacy is not a criminal offence for French citizens under current law. There has been ongoing political debate about reform (the bioethics law revision (2021) maintained the ban on all forms of surrogacy in France), but no change has been enacted.

The practical reality: hundreds of French couples have completed surrogacy abroad and brought their children home. The legal route involves recognizing the genetic French father by application and the intending mother through transcription d'acte (transcription via adoption simple). The Cour de cassation (Mennesson 2019) confirmed the path for transcription d'acte for foreign births. We coordinate the foreign side; a French family lawyer coordinates the French side.

What this means for you

If you're a married French couple considering surrogacy, your only practical path is going abroad. The choice is which country.

  • 🇺🇸 Most predictable but expensive (USA): €114,400+ for the programme alone. Pre-birth orders in surrogacy-friendly states. Smoothest legal recognition by France.
  • 🇺🇦🇬🇪🇦🇲 Most affordable & legally clear (Ukraine, Georgia, Armenia): from €41,400 all-inclusive. Married heterosexual couples named on birth certificates. Programme begins within weeks.
  • 🇬🇷 EU-based (Greece): legal for heterosexual couples. Similar cost to Ukraine.

For French couples who want a clear legal framework abroad, predictable pricing, and want to begin soon — Ukraine, Georgia, and Armenia are usually the right choice. We coordinate all three.

Your three destinations

Three countries, three legal paths. Same all-inclusive pricing.

🇺🇦

Ukraine

Fastest legal path

Birth certificate in your names from day one. No court proceedings.

Explore Ukraine →
🇬🇪

Georgia

No active war

Legal since 1997. One of the longest-established frameworks worldwide.

Explore Georgia →
🇦🇲

Armenia

Emerging destination

Clear law, strong medical infrastructure, immediate birth certificate.

Explore Armenia →

All-inclusive · 3 packages

Same price across all three countries

Standard

$47,000USD

≈ €41,400

Own embryos
1 embryo transfer

Prestige

$75,000USD

≈ €66,000

Up to 3 IVF cycles + PGT-A
unlimited transfers

Three milestone-based payments — at contract signing, week 25, and after birth. See full breakdown & payment schedule →

Returning home with your baby

Returning to France with a baby born via surrogacy abroad is a well-established process — hundreds of French couples have done it. The legal route is more involved than for UK or Australian couples because of France's strict approach to motherhood, but it is well-mapped. We coordinate the foreign side; a French family lawyer (avocat de la famille) coordinates the French side.

1

French citizenship by descent

If the genetic father is a French citizen and married to the intending mother, your baby is eligible for French citizenship by descent. You apply at the French Embassy or Consulate in the destination country. DNA testing is required to confirm the genetic link to the French father.

You'll need: foreign birth certificate, marriage certificate, proof of French citizenship of the genetic father, identification, and DNA test results. The French consulate will issue a French passport for the baby once citizenship is confirmed. Processing typically takes 4–8 weeks.

2

Bring the baby home

Once your baby has a French passport, you fly home as a family. Most French couples spend 3–5 weeks in the destination country between the birth and travel home, while DNA testing is conducted at the French consulate and the passport is issued.

3

transcription d'acte (transcription via adoption simple)

This is the unique-to-France step. Under French law, the surrogate is initially considered the legal mother — even if she is not genetically related. The French genetic father is recognized as legal father, but the intending mother must apply for transcription d'acte (transcription via adoption simple) to become a legal parent.

The process involves French consulate (youth welfare office) home visits, a family court application, and typically takes 12–24 months after returning home. A French family lawyer (avocat de la famille) experienced in international surrogacy is essential. We can refer you.

Important France-Specific Note

Engage a French family lawyer (avocat de la famille) before starting your surrogacy programme, not after. Decisions about which parent is genetic, choice of country, and how documents are structured significantly affect the transcription d'acte process. The 2022 Reform Commission recommended legalizing altruistic surrogacy in France; if enacted, this may simplify recognition. Until then, careful planning is essential. Federal courts have generally accepted transcription d'acte following international surrogacy, but each case depends on details.

Other countries French couples sometimes consider

Honesty matters. Here are alternatives we don't operate in but you may have heard of:

  • 🇺🇸 USA — gold standard for legal predictability and very popular among French couples. Surrogacy-friendly states (California, Nevada, Connecticut) issue pre-birth orders, which can simplify French recognition. But cost is €114,400–176,000+ (US$130,000–200,000+) — around three times more than our programmes. If budget allows, the USA is the safest bet legally.
  • 🇬🇷 Greece — legal for heterosexual couples. EU-based. Similar cost to Ukraine. Some French couples prefer this for legal recognition reasons within the EU.
  • 🇲🇽 Mexico — emerging destination. Less established legal framework.
  • 🇨🇴 Colombia — emerging destination. Less established legal framework.

If you're set on a country we don't operate in, we'll tell you so honestly and point you elsewhere. We'd rather lose your enquiry than steer you wrong.

Frequently asked questions for French couples

Is it legal for me to do surrogacy abroad as a French citizen?

Yes. The Article 16-7 of the Civil Code (Article 16-7) penalizes French fertility doctors, clinics, and intermediaries who facilitate surrogacy in France. It does not criminalize intended parents who go abroad. Returning home, you go through the standard process: French citizenship by descent for the genetic father, and transcription d'acte for the intending mother.

Will my baby be French?

If the genetic father is a French citizen and is married to the intending mother, the baby is eligible for French citizenship by descent. DNA testing is required at the French consulate. The genetic father becomes legal father by application. Total process: 4–8 weeks.

What if neither of us is genetically related to the baby?

This is much more complex. French citizenship by descent requires a genetic link. Couples using both donor egg and donor sperm cannot pass French citizenship to the baby. In such cases, the family typically needs to remain in the destination country longer or pursue more complex legal arrangements. Consult a French family lawyer first if this applies to you.

How long does transcription d'acte take?

Typically 12–24 months after returning to France. The process involves French consulate (youth welfare office) home visits, document preparation, and a family court application. The mother is not the legal mother during this period — but she is recognized in practical matters (school, healthcare, daily life). A French family lawyer guides the process.

How long will I be away from France?

Two trips: embryo transfer (3–5 days, optional) and the birth trip (3–5 weeks while DNA testing and citizenship documents process at the French consulate). Plan for the longer end — DNA testing is required and adds time compared to UK or Irish processes.

What does it cost — total — for a French couple?

Programme: from €41,400 (Standard package, all-inclusive). Plus: flights €1,000–2,500, accommodation €3,000–6,000 for the birth stay, French family lawyer fees €5,000–12,000 (transcription d'acte is a longer process), DNA testing €500, miscellaneous €1,500. Total typically €52,000–65,000.

Will the 2022 Reform Commission recommendations change anything?

The 2022 expert commission recommended legalizing altruistic surrogacy in France under specific conditions. As of April 2026, no legislation has been passed. If reform happens, it may simplify recognition for couples returning from abroad. Until then, the current transcription d'acte process applies.

What if Ukraine becomes unsafe during our programme?

We have managed programmes through the war since February 2022 with no harm to families or surrogates. Our contingency plan includes relocating to Lviv (3 hours from the EU border) if needed. If you prefer to avoid Ukraine entirely, our Georgia and Armenia programmes are equivalent in cost and legal certainty.

Can I speak to a French family who has done this with you?

Yes — with their permission. During your free consultation, we can arrange a private introduction. We are still building our roster of completed French-couple cases, so introductions may include other European families with similar experiences.

Disclaimer: This information is general guidance based on French law (Article 16-7 of the Civil Code, Code Civil family provisions) and international laws as of April 2026. The bioethics law is reviewed every 5–7 years; the next review may revisit surrogacy, though current political consensus maintains the prohibition. Individual circumstances vary, especially regarding the genetic link and transcription d'acte process. Before beginning any surrogacy programme, you must consult a French family lawyer (avocat de la famille) experienced in international surrogacy to understand how the law applies to your specific situation. Novaparent Surrogacy is not a law firm and does not provide legal advice — we coordinate surrogacy programmes and refer you to qualified professionals.

Talk to Andrew about your situation

A free, no-pressure 30–60 minute conversation in English (with French interpreter available on request). For French couples, the path home — citizenship by descent and transcription d'acte — is well-mapped but requires careful planning. Andrew can walk you through it honestly.

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