What is the consequence of Covid-19 on GPA (Surrogacy)?

With the global Covid-19 health crisis raging, certain previously natural freedoms such as moving and traveling are now subject to complex constraints. These new regulations impact certain medical practices such as surrogacy (Surrogacy), a recognized technique for the fight against infertility. What are the consequences of Covid-19 on surrogacy? How does Covid-19 affect this practice? Here are all the answers.

Many newborns waiting for their biological parents

By definition, surrogacy (Surrogacy) involves transplanting an embryo whose biological parents are infertile into the uterus of another woman. The latter then carries the child until its birth and then gives it to its biological parents after the happy event.

However, surrogacy is not allowed everywhere, you should look to countries that allow surrogacy. This request is often made abroad and the borders are currently closed, the recovery phase of infants is now suspended. With the constraints of Covid-19, surrogate mothers give birth, but many newborns are still waiting for their biological parents in centers or host families.

A blockage preventing the first physical contact

At the birth of the newborn, the first physical contact constitutes the ultimate moment of fulfillment of the parents. Indeed, even if the baby does not see or hear yet, it creates an almost mystical bond with its parents. For many parents, skin-to-skin contact is still the best way to bond with the newborn.

The only problem, the Covid-19 health crisis is a blockage preventing this first physical contact. The effects of the virus have been so devastating that it is now almost impossible to travel to other countries. States are in confinement, borders are closed and parents are impatient to be able to take their offspring in their arms.

What are the French regulations regarding surrogacy?

In French regulations, in particular the law of July 29, 1994 relating to respect for the human body, surrogacy is prohibited. This same law adds through its article 16-7 that the conventions relating to procreation or gestation on behalf of others are void. For France, only things which are in commerce can be the subject of agreements (Art. 1128 of the Civil Code).

That said, a circular of January 25, 2013 brings some flexibility in the French regulations vis-à-vis surrogacy. The circular recommends that prosecutors and chief clerks of district courts facilitate legal procedures relating to children born after surrogacy abroad. In accordance with article 47 of the Civil Code, France issues certificates of French nationality to children born abroad following a surrogacy of French parents.

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