Surrogacy in France. The "circular of Tobira"

French Minister of Justice Christian Tobira has came forward with an initiative to simplify the procedure of obtaining of citizenship for children born from surrogate mothers abroad. Ms. Tobira promised that the document will be published in the near future.

Meanwhile, French President Francois Hollande said that the text of the document, which is called "circular of Tobira", in any case is not a "recognition of the surrogate motherhood," for which he "sets firmly against."

The need to simplify the process of naturalization of children, born from surrogate mothers outside the territory of France, is long overdue. Surrogacy in the country is prohibited by law, so couples who suffer from infertility, are forced to use the services of foreign surrogate mothers. The most annoying thing is that after the successful completion of the program, ie after the birth of the long-awaited baby, parents have a problem to bring him/her into the country and get the documents, proving the child’s citizenship.


Such cases, unfortunately, aren’t rare. For example the sensational story of spouses Le Rock, who had had their children born with the help of a surrogate mother from Ukraine. French Consulate had refused to register the babies, and the parents desperately tried to bring children to the country illegally, but were caught and are now under investigation. Another example - for 10 years  already a French couple can not get citizenship for their child, born by a surrogate mother in the U.S..

I sincerely hope that the initiative of the French Minister of Justice will be reviewed and approved by the Parliament. Of course, the full legalization of surrogacy is still very, very far away, but I want to believe that the adoption of the "circular of Tobira" will make the way of French families, suffering from infertility, to a long-awaited motherhood and fatherhood a little easier.