I would like to have a foreign parentage link between my child and myself recognized in France. How do I do this?
To have an international adoption recognized:
When the adoption has been legally granted abroad, it may be recognized in France.
A request must be filed with the public prosecutor of the Nantes court of law in order for the foreign adoption decision to be transcribed onto your French civil status records.
The following must be attached: the original foreign decision or a certified copy, its legalization or apostille, and its certified translation.
Surrogacy abroad:
Surrogacy 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 issued in accordance with local law and a decision may be made. This certificate may name the intended parents as the legal parents, even if there is no biological link.
Upon returning to France, you can have this parentage recognized so that the child can benefit from French civil status. There are three possible options:
- Full transcription of the foreign birth certificate, when it reflects biological reality (e.g., intended father is also genetic father).
- The exequatur of a foreign judgment establishing parentage, a procedure brought before the competent French court.
Since a decision by the Court of Cassation on October 2, 2024, No. 22-20.883, the absence of a biological link no longer constitutes a systematic obstacle to the recognition of 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.
- Adoption of the child by the intended parent, particularly when no foreign judgment has been rendered.
Gaëtan ESCUDEY is available to assist you with all the necessary steps to have your foreign parentage recognized, whether it involves international adoption or surrogacy carried out abroad.