In France, Article 17/6 of the Civil Code makes void anyagreement with a 3rd party concerning sex or gestation. In the Mennesson case, the best court in France, the Cour de Cassation, ruled that that it absolutely was contrary to public policy to offer effect to foreign surrogacy agreements. An appeal is presently being ready by the intending parents to the European Court of Human Rights. Likewise, the French embassy’s web site in Kyiv powerfully warns its voters against the follow, speech those that fail to go with the ban could encounter “serious judicial and body problems” as well as potential criminal sanction.
On the opposite hand, the Conseil d’Etat, the highest administrative court, provided an administrative means of recognizing foreign surrogacy agreements by overturning a choice of the French Consulate in India to not issue travel documents. The Conseil d’Etat has no jurisdiction over matters of parentage however withal created associate degree order that effectively created lawful a surrogacy agreement entered into overseas.