Under French law (Civil Code, Articles 310-1 to 342-13, Légifrance), parentage is determined by:
(a) The birth mother, who is automatically recognized as a legal parent at birth (Article 311-25, Légifrance).
(b) The biological father, who is presumed to be the legal parent if married to the mother (Article 312, Légifrance) or if he acknowledges paternity at the time of birth registration (Article 316, Légifrance). For unmarried couples, the father must formally acknowledge the child to establish paternity.
In cases of informal sperm donation (e.g., at-home artificial insemination or natural insemination), the donor may be recognized as the legal father if he acknowledges paternity or if paternity is established through a court proceeding (Article 327, Légifrance), especially if there’s evidence of intent to parent (e.g., involvement in the child’s life).
Assisted Reproduction:
In France, gamete donation is regulated under the Bioethics Law (Loi de Bioéthique), last updated in 2022 (Law No. 2021-1017 of August 2, 2021, Légifrance). “Donor-assisted human reproduction” (DAHR) is defined as a medical procedure involving donated gametes (sperm, eggs, or embryos) performed in licensed fertility centers (Code de la Santé Publique, Article L2141-1, Légifrance). Note: Informal sperm donation (e.g., at-home AI) is not recognized under this framework and is effectively prohibited outside clinical settings.
Only heterosexual couples (married, in a civil union, or cohabiting for at least two years) and single women were eligible for DAHR until 2021; the 2022 Bioethics Law extended access to lesbian couples and single women (Article L2141-2, Légifrance). DAHR requires strict anonymity of donors, though children born after August 2022 can access non-identifying donor information (e.g., medical history) at age 18, and identifying information with donor consent.
Sperm Donor Agreements:
In regulated DAHR, the donor is not considered a legal parent. The Bioethics Law ensures that donors have no parental rights or responsibilities, and anonymity is mandated (Article L1244-2 of the Code de la Santé Publique, Légifrance). The intending parents (birth mother and her partner, if applicable) are the legal parents at birth (Article L2141-8, Légifrance). Note: Informal sperm donation lacks this protection—donors risk being recognized as legal parents under general paternity laws (Article 312 or 327), especially if they acknowledge the child or are involved post-birth.
For natural insemination (NI) or informal AI, French law does not provide specific exclusions for donors. A donor could be deemed the legal father if paternity is established, particularly if the mother is unmarried and the donor acknowledges the child. Courts may also intervene to establish paternity if there’s evidence of intent to parent.
Surrogacy:
Surrogacy is illegal in France under the Bioethics Law (Article L2141-2, Légifrance) and the Civil Code (Article 16-7, Légifrance), regardless of whether it’s altruistic or commercial. Any surrogacy agreement is void, and parentage defaults to the birth mother.
For international surrogacy, French courts have historically refused to recognize foreign surrogacy arrangements, though a 2016 European Court of Human Rights ruling (Mennesson v. France) forced France to allow transcription of foreign birth certificates for the intending parents if the child’s best interests are at stake. This remains a case-by-case process, often requiring legal proceedings.
Parentage Agreements:
In regulated DAHR, parentage is formalized through consents at fertility centers, with the intending parents recognized at birth registration (Article L2141-8, Légifrance). Informal agreements (e.g., co-parenting or donor agreements outside DAHR) lack statutory recognition in France. Courts may need to intervene under Article 327 (Légifrance) to establish or contest paternity, particularly if disputes arise over the donor’s role.
Informal arrangements carry significant legal risks, as French law prioritizes biological parentage over intent in non-regulated settings. A donor could claim paternity, or the mother could seek child support, depending on the circumstances.