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Academic Insights for the Thinking World

  • Author: Claire Legras

Why has France banned surrogate motherhood?

Shortly after it emerged in the 1980s, surrogate motherhood was dealt a severe blow in France by a decision of the Cour de Cassation, its highest civil court. In 1991, it ruled that an agreement entered into by a woman to conceive, bear a child, and relinquish it at birth, albeit for altruistic reasons, was contrary to the public policy principle of unavailability of both the human body and civil status.

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