Both members of a same-sex couple can be recognized as parents

Surrogacy refers to a medical practice where a woman carries a pregnancy for you without the intention of being a parent herself.В If you are planning to conceive a child and one of your partners is carrying the other’s biological child, then it is not strictly speaking surrogacy, because both of you want to become parents.В In practice, surrogacy is unusual for same-sex couples.В Since your surrogate will be the legal mother of your child, you will need to make sure that you can secure your position as legal parents when your child is born.

You will only be able to apply for a parental order (to become the legal parents) if one of you provided the eggs (or, if one or both are transgender, you provided the sperm).В If neither of you is the biological parent of your child, surrogacy will be much more complicated and will require meticulous legal planning.В Previously, the court only recognized the biological parent and the spouse could not adopt the child.В Since December 2019, France has enacted a law now recognizing not only the biological father (mother) as the parent of a child born outside France but also the spouse.

“A surrogacy legally made abroad does not, by itself, prevent the transcription of the birth certificate of children designating the biological father and the intended father,” summarized by the court.

So, if one of you is a biological parent, the law applies for you in the same way as for “male/female” couples.