“We talk about the baby, but don’t forget the woman.”

This is one of the consequences of the war in Ukraine. Surrogate mothers came to France in the spring of 2022 to give birth to children under X A surrogacy (GPA) should result in six children being born on French soil this year. However, this practice is illegal from a 1994 law.

For Sandra Travers de Faultier, surrogacy is like human trafficking. Doctor of Law, who takes care of the legal part of the joint work, among other things Maternity market (Odil Jacob), explains the legal, but also philosophical, principle behind the ban on surrogacy in France.

With the delivery of Ukrainian women under X in France, are we seeing a new way to cut the ban on surrogacy?

It is obvious that this is a violation of the law. Making sure that these children were born on French soil, as if they had been abandoned by their mother, and that “purposeful” parents automatically take them, is illegal in France. There are laws, which are founded on philosophical foundations.

What does French law say?

First, there is the July 29, 1994 Act on Respect for the Human Body, Special Article 16, Paragraph 7, which provides that “Cancel any contract regarding reproduction or pregnancy on behalf of others”. More generally, this article provides 16 that the body is “Unavailable”, That is, it cannot be the object of any right of ownership – be it for usus, that is to say use, abuse (dispose of it and give it up) or fructus (its collection) fruit). Clearly, the body is out of trade, whether it is free or paid.

Arbitration between an adoptive parent and a surrogate mother is also punishable. The offense under Article 227-12 of the Penal Code is punishable by one year imprisonment and a fine of € 15,000.

Finally, there is the International Convention on the Slave Trade and Slavery, which has been ratified by France and which has entered into French law through Act No.Oops 2013-711 of August 5, 2013. The latter defines criminally reprehensible trafficking in his article 225-4-1 “To keep the victim at his disposal or at the disposal of a third party (2) So that (2) “To allow the commission against victims of the crime of pimping, sexual harassment or abuse, to reduce slavery, to submit for forced labor or service, to reduce slavery, to remove one of its organs.” I think surrogacy falls into this category. Human trafficking is punishable by up to seven years in prison and a 150,000 fine.

Proponents of her case have been working to make the actual transcript of this statement available online.

These are, in my opinion, two contradictory words! There can be no ethical GPA, because this practice can only reduce a person’s effectiveness: he becomes one thing. It doesn’t matter if it’s free or not; It’s never really free. Pro-surrogacy regularly speaks of compensation, not to mention the middlemen, the companies, but rather the army of lawyers or the doctors who make money.

In an attempt to legalize surrogacy, workers go through manipulation of the mind. The question of consent and the conditions for conducting these pregnancy surrogates are systematically passed silently. We just talk about the child. However, we do not forget the woman. A surrogate mother is a healthy body that submits to dangerous offensive practice for the benefit of third parties.

Conversely, organ donation is a practice that is strictly regulated by law, among other things, in order not to cause irreparable harm to the donor. In the case of surrogacy, we speak of the use of others as “biological material”. This is how doctors and lawyers talk about the surrogate mother, the “biological matrix”, whose work completely puts the human dimension aside. The ruling biological degradation denies the reality of the existence of a nine-month gestation.

The guardians of surrogacy spoke of the longing for children. Can’t fix the will?

The Declaration of Human Rights provides a limit to one’s own rights: to others. I cannot deny the other, even by my will. Will cannot therefore act. This is a very French view, in which the law is the guardian, and which indicates that the dignity of the human person is more important than the rest.

What is the difference between the French vision and the Anglo-Saxon view of surrogacy?

The concept of “human person” is not entirely the same. A certain Anglo-Saxon world vision makes compliance a matrix of freedom and autonomy. You mix it up with a liberalism that defines freedom as the absence of limitations and gives the truth that the power to consent defines a person and that is enough to establish the validity of a contract (e.g. GPA agreement). In France, by contrast, there are tenants who are untouchable. Those who are weak for health or economic reasons cannot make a deal that will be detrimental to them.

It is therefore a clash of civilizations, on the one hand within the contractual view, where autonomous individuals enjoy freedom without restriction, and on the other a relational view, the source of responsibility guaranteed by the state. It is not a question of the text of law, it is a philosophical point of view: what do we think of ourselves? This is vital, because from the moment we become a society, without a heterogeneous basis, we only have the law so that things do not fall into the realm of things.

When the European Court of Human Rights (ECHR) or the Court of Cassation grants a child a status as a result of surrogacy, isn’t that indirectly a way to legitimize the practice?

The ECHR and the Court of Cassation make these decisions in the name of respect for privacy, which guarantees the right to civil dignity. Deprived of civil status, the child has no legal existence. This decision is therefore a practical solution, because these authorities are working with completed information, and they must not question their policies, but it is extremely problematic, because the result is that we indirectly validate these GPAs that make the child an object and reduce By On one occasion the woman on my behalf, in favor of the idea of ​​not giving me any marital status, to discourage. But I know very well that this is a speech that cannot be passed.

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