Paper's abstract

Hugues Fulchiron, Procreative Tourism
Taking advantage of the variety of national rights about Assisted Human Reproduction in general or surrogacy in particular, many homosexual or heterosexual couples attempt to achieve abroad the parental project they cannot carry out in their country. What fate is awaiting the children born from these practices? The French Cour de cassation, invoking fraud, refuses to acknowledge the filiation of these children, at the risk of putting them in an untenable situation. Other countries try to find the right balance between assertion of the principles of internal law and respect for the rights of children. In view of the diversity of legal systems and of the limits of national answers, the path of an international cooperation for fighting “procreative tourism” could be worth an exploration.

Key Words : surrogacy, child
t. 57, 2014 : p. 331-347

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