Credits: Antoine Lamielle / Wikimedia Commons, CC BY-SA 4.0.
As the new school year approaches, Gabriel Attal is opening the debate internally. Indeed, this former Prime Minister and head of Renaissance is interested in legalizing an “ethical” surrogacy arrangement. A thematic convention, expert hearings, and a vote by party members are expected to structure the process. In addition, a progress update is planned during the Arras meeting (September 19-21, Pas-de-Calais). The stated goal: to clarify a position with 2027 in mind, despite Emmanuel Macron’s opposition.
A Calculated Political Risk
The decision to open the black box of surrogacy is anything but random. By embracing the idea of “ethical surrogacy,” Gabriel Attal is setting himself apart from the head of state. Indeed, in May 2024, the latter reiterated his refusal of any legislative change. The former Prime Minister is playing a twofold card: repositioning Renaissance around a distinctive social marker while testing the party’s ability to lead a long, reasoned debate without fracturing.
Around him, the argument emphasizes equal rights and a response to very concrete situations. Infertility and recourse to assisted reproduction (artificial insemination) affect many people. In addition, same-sex parent families and single women using assisted reproduction are also affected. Moreover, waiting times for assisted reproduction and adoption are getting longer. Furthermore, there is legal uncertainty for children born abroad. The semantic dimension matters: saying “ethical” to mean non-profit, support, informed consent, and secure parentage.
French Law: A Ban, Peripheral Easing
Today, surrogacy is banned in France. Article 16-7 of the Civil Code makes any surrogacy agreement void. This framework, inherited from the 1994 bioethics laws, is based on the principle of the inviolability of the human body. That said, since 2014, France has more securely recognized the parentage of children born through surrogacy abroad: registration of records for the biological parent, adoption, or subsequent establishment of the link for the other parent.
It is this gap between the ban on French soil and the recognition of situations completed abroad that is fueling the debate today. Reform supporters see it as costly, unequal hypocrisy; opponents, by contrast, see it as proof that the ban still stands and that the loopholes must be closed.
“Ethical Surrogacy”: What Are We Talking About?
In Renaissance’s vocabulary, the adjective “ethical” refers to three pillars:
- Non-profit: no payment, with capped and justified reimbursements.
- Protection of the surrogate mother: medical and psychological support, legal safeguards, independent counseling, and a clearly defined right to withdraw.
- Pre-established parentage: securing the child’s parentage effects before conception, in keeping with the child’s best interests.
Any possible opening would raise major technical questions: the role of CECOS and intermediaries (agencies? banned?), the competence of judges, insurance, the privacy or transparency of the process, coordination with Social Security, and above all oversight to prevent any economic pressure on women.
Renaissance’s Method: Conventions, Vote, Timeline
The presidential party has relaunched thematic conventions (international affairs, public services, education, “French vulnerabilities”). Surrogacy will be examined in this last framework, with hearings from doctors, lawyers, ethicists, and associations. At the end of the work, a vote by members will settle a position, with no immediate bill.
The timing is political: Arras back-to-school meeting on September 20-21, 2025, social sequences in late August (business leaders, unions), field trips in early September, and a trip to Ukraine in mid-September. In the Arras speeches, an institutional “reset” is being announced; surrogacy could be mentioned there as one of the party’s maturity tests.
The Forces at Play
On the right, the line remains hostile. Bruno Retailleau, Minister of the Interior and president of the Republicans, defends the ban in the name of dignity and the non-commodification of the body. The National Rally also opposes it.
On the left, positions are split. Some social-democratic lawmakers are open to non-profit surrogacy, strictly judicialized. Other feminists and environmentalists fear a risk of exploitation of the most vulnerable women. As a result, they argue for strengthening medically assisted reproduction (ART). In addition, they support infertility prevention and adoption.
Within Renaissance itself, the issue is not only moral: it is a test of authority for Gabriel Attal. Leading a contradictory debate on a divisive issue requires sustained political pedagogy. In addition, it must be done without upsetting the Élysée and without splitting the majority.
Europe as a Laboratory
The continent offers a mosaic of solutions. The United Kingdom allows forms of non-commercial surrogacy, with agreements that are not enforceable and court approval after birth (parental orders). Greece uses prior judicial authorization. Portugal regulates altruistic surrogacy in specific medical cases. By contrast, Germany and Switzerland ban the practice. Outside Europe, Canada allows altruistic surrogacy. In addition, several U.S. states have legalized it, including in paid form, with varying safeguards.
For France, drawing on these references means deciding what to copy, what to set aside, and what to invent. In the short term, it is the architecture of safeguards (non-profit, judge, parentage) that will determine whether a minimal consensus is possible.
A Socioeconomic Equation
Supporters of reform point to the reality of the journeys involved. Every year, couples or single individuals turn to foreign countries for surrogacy that is legal there. The cost is high, the number of intermediaries is large, and the risks are not negligible. A regulated legalization, they argue, would bring these ART journeys — including for single women — into the mainstream legal framework. In addition, it would reduce inequalities in access and better protect children and surrogates.
Opponents counter that regulation does not eliminate the asymmetry between the desire for a child and the ability to carry one; that economic pressure can be hidden behind reimbursements; and that the idea of a “pregnancy contract” remains, in itself, a shock to the French legal tradition.
What Legal Path After 2027?
Several scenarios are circulating. The most likely would be an altruistic system, banning profit-making intermediaries, with judicial oversight and caps on reimbursements. Parentage could be established by a judge before birth, under strict conditions, to avoid later litigation. Others are calling for a time-limited and narrowly scoped pilot program, backed by an independent evaluation.
Any project would need to overhaul several texts, such as the Civil Code, health law, and Social Security law. In addition, it must specify the status of surrogacy agreements and medical responsibility. Moreover, it is necessary to address data protection and the role of independent administrative authorities. Finally, these authorities include the fields of bioethics and health in oversight.
The Attal Bet
Beyond the substance, the initiative says something about the Attal method: localizing debates (travel, immersion with local elected officials), sequencing announcements (security, schools, ecology, now family), and setting markers for 2027. Ethical surrogacy is a high-risk test. It could bring together a centrist and urban electorate. It could also harden the line of confrontation with the right. Moreover, it would widen the gap with the Élysée’s caution.
If Renaissance manages to uphold the standard — an informed debate, opposing expert opinions, a clear vote — the party will gain programmatic credibility. Conversely, a retreat or confusion would reinforce the idea of an ideological drift.
Key Points
- Text: Article 16-7 of the Civil Code (nullity of surrogacy agreements).
- Case law: recognition, under certain conditions, of children born through surrogacy abroad.
- Factsheets: Surrogacy ; Renaissance (party) ; Gabriel Attal.
- Schedule: Renaissance back-to-school meeting in Arras, September 20-21, 2025 (meeting September 21, 2:30 p.m.).
Coming Up
- The precise scope of the notion of “ethical surrogacy” retained by Renaissance.
- The vote by members and the decisions announced in Arras.
- The reactions of the opposition and the Élysée’s position.
- The favored legal paths (judge oversight, non-profit status, pre-established parentage).
In Summary
By putting surrogacy back on the table, Gabriel Attal is seeking to kick off a debate. In addition, he is trying to link liberal values and the protection of the most vulnerable. Moreover, he aims to unlock a long-postponed French debate. The law still prohibits it; case law has eased recognition of situations born elsewhere. Between ban and reality, Renaissance is seeking a French path. If one is found, it will weigh on 2027; if not, it will reveal the limits of a party in search of a coherent narrative.