How can a foreign parentage be recognized?

To have an international adoption recognized

When the adoption has been lawfully granted abroad, it can be recognized in France.

A request must be filed with the public prosecutor (procureur de la République) of the Nantes judicial court (tribunal judiciaire) so that the foreign adoption decision is transcribed in the French civil status registers (registres de l’état civil).

The following must be attached: the original foreign decision or a certified copy, its legalization or apostille, and its sworn translation.

Surrogacy abroad

Surrogacy (gestation pour autrui, GPA) is prohibited in France but is legal in certain countries (United States, Canada, United Kingdom, Greece, Denmark, Netherlands, Russia, etc.).

When a child is born through surrogacy abroad, a birth certificate is drawn up under local law and a decision may be issued. This certificate may name the intended parents as the legal parents, even where there is no biological link.

Upon returning to France, you can have the establishment of this parentage recognized so that the child has French civil status. Three routes are possible:

• Full transcription of the foreign birth certificate, when it reflects a biological reality (e.g., the intended father is also the genetic father).

• Recognition and enforcement (exequatur) of a foreign judgment establishing parentage, a procedure brought before the competent French judicial court.

• Adoption of the child by the intended parent, particularly when no foreign judgment has been rendered.

Since a decision of the French Court of Cassation (Cour de cassation) of October 2, 2024 (No. 22-20.883), the absence of a biological link no longer constitutes a systematic obstacle to the exequatur of a foreign judgment establishing parentage. However, the French judge must verify the absence of fraud and the informed consent of all parties (surrogate mother and intended parents) to the surrogacy agreement.

Gaëtan Escudey is available to assist you with all the steps needed to have your parentage established abroad recognized, whether it involves an international adoption or surrogacy (GPA) carried out abroad.

This general information does not replace a consultation: each situation requires individual assessment.