Surrogacy in Comparative Law Great Britain vs. France

While surrogacy is prohibited in France, this is not the case in the United Kingdom, where companies and various organizations offer such services. Surrogacy has become a social and medical reality. However, it raises serious questions, as the practice involves a sensitive personal realm (that of parentage), an intimate one (that of sexuality and conception), and an unusual one, given that it enters the uncharted territory of intergenerational medicine. The desire to have a child can be overwhelming and leads some to break the law. Consequently, it has become urgent to find solutions and to consider future legislation. Surrogacy is a rapidly emerging practice. It is likely that in half a century, surrogacy will be commonplace and legitimate, much like marriage brokerage agencies, which were unimaginable in the 1990s and subject to severe criminal penalties. This entire study leads us to question the definition of motherhood. Advances in genetics can no longer be ignored by the law.