The Foundation notes that the decision of the ECHR in the Menesson and Labasse against France case obliges France to recognise the biological filiation (filiation between the child and the biological father) of children born from a surrogate mother.
However this decision:
- Does not oblige France to recognize an artificial filiation (the filiation of the child with the wife of the biological father who neither gave her oocyte nor carried the child)
- Does not carry the status of a condemnation of France for the legalization of surrogate motherhood contracts in themselves.
However, the Foundation deplores this decision which removes, on a symbolical and psychological level, certain obstacles to the legalisation of surrogate mother contracts.
It would also like to point out that the authorised techniques of artificial procreation (amongst which might be included gestational surrogacy) are all contrary to the “best interest of the child”.
Most of them have been derived from veterinary techniques and transposed to man and have absolutely no relation with medical art which considers the human being as a subject and not as an object.