On May 6, France’s Council of State (the highest administrative court and legal advisor to the executive branch) declared that it was against the practice of “renting out one’s uterus” and in favor of the permanent authorization regulations for embryo research and embryonic stem cell research under certain conditions. French Prime Minister Francois Fillon had asked the court for its opinion, in a reexamination of a 2004 bioethics law.
-Considering the interest of the child and the mother carrying the child and basic underlying principles of the present ban, we hereby recommend to not legalize the practice of using a surrogate mother.
To provide a solution to the current situation, documentation of the paternal relationship and the request of a written authorization for the mother “of intention” to agree upon the actual parental authority are recommended.
-Regarding research on the embryo and embryonic stem cell research, we suggest the creation of a “permanent authorization regulations”, under defined conditions, which specify how the possibility of authorization is a power and therefore the right of authorization need not be provided.