The State Council on Friday rejected a series of appeals against the Taubira circular in January 2013 to to facilitate the acquisition of nationality certificates for children born to a French father and a surrogate mother abroad. Nearly 60 members, led by the UMP Guillaume Larrivé, and half a dozen associations had asked the highest French administrative court to cancel text for abuse of power. Surrogacy (GPA) is forbidden in France. But, according to the findings of the “public rapporteur” when hearing late November, the State Council held that “the mere fact that the birth of a child abroad has originated in a contract that is void under French public policy may not, without wearing a disproportionate interference with the implications in terms of nationality, the right of the child to respect for his private life under Article 8 of the European Convention on Human Rights, lead to depriving the child of French nationality to which he is entitled (…) when his filiation is established with a French “. The rapporteur was particularly stressed that this procedure was speaking a few months after the condemnation of France by the European Court of Human Rights has held that it could refuse to recognize children born overseas surrogacy .dropoff window The case law of the Court of Cassation, the highest French court, was to constant present in the refusal to transcribe the vital records of children born GPA abroad.
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