As the new school year approaches, Gabriel Attal opens the internal debate. Indeed, this former Prime Minister and leader of Renaissance is interested in the legalization of an "ethical surrogacy". A thematic convention, expert hearings, and a member vote are set to structure the approach. Additionally, a progress report is scheduled during the Arras meeting (September 19-21, Pas-de-Calais). The stated goal: to clarify a position for 2027, despite the opposition of Emmanuel Macron.
A Calculated Political Risk
The choice to open the black box of surrogacy (GPA) is no accident. By embracing the reflection on an "ethical surrogacy", Gabriel Attal distinguishes himself from the head of state. Indeed, the latter reiterated in May 2024 his refusal of legislative change. The former Prime Minister plays a double card: repositioning Renaissance on a distinctive societal marker while testing the party’s ability to conduct a long, reasoned debate without fracturing.
Around him, the argument emphasizes equal rights and a response to very concrete situations. Infertility and recourse to ART (artificial insemination) concern many people. Additionally, same-sex families and single women in ART are also affected. Furthermore, ART and adoption waiting times are lengthening. Moreover, there is a legal insecurity for children born abroad. The semantic dimension matters: saying "ethical" to signify non-profit, support, informed consent, and secured filiation.
French Law: A Prohibition, Peripheral Relaxations
Today, surrogacy is prohibited in France. Article 16-7 of the Civil Code renders null any surrogacy agreement. This foundation, inherited from the 1994 bioethics laws, is based on the principle of non-availability of the human body. However, since 2014, France recognizes more securely the filiation of children born through surrogacy abroad: transcription of acts for the biological parent, adoption, or subsequent establishment of the link for the other parent.
It is this gap between the prohibition on national soil and the recognition of situations completed abroad that fuels the debate today. Proponents of reform see it as a costly and unequal hypocrisy; opponents see it as proof that the prohibition remains and that the breaches must be closed.
An "Ethical Surrogacy": What Are We Talking About?
In Renaissance’s vocabulary, the adjective "ethical" refers to three pillars:
- Non-profit: absence of remuneration, capped and justified reimbursements.
- Protection of the surrogate: medical and psychological support, legal guarantees, independent advice, and a clearly defined possibility of withdrawal.
- Anticipated filiation: securing before conception the effects of filiation for the child, respecting their best interest.
A potential opening would raise significant technical questions: the role of CECOS and intermediaries (agencies? prohibitions?), the competence of judges, insurance, secrecy or transparency of the process, articulation with Social Security, and above all, control against any economic pressure on women.
The Renaissance Method: Conventions, Vote, Calendar
The presidential party has relaunched thematic conventions (international, public services, education, "French fragilities"). Surrogacy will be examined within this framework, with hearings of doctors, lawyers, ethicists, and associations. At the end of the work, a member vote will determine a position, without an immediate bill proposal.
The tempo is political: back-to-school in Arras on September 20-21, 2025, social sequences at the end of August (employers, unions), field trips at the beginning of September, trip to Ukraine in mid-September. In the Arras speeches, an institutional "reset" is announced; surrogacy could be mentioned 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 prohibition in the name of dignity and the non-commercialization of the body. The National Rally also opposes it.
On the left, positions are divided. Some social-democratic elected officials are open to a non-profit surrogacy, strictly judicialized. Others, feminists and environmentalists, fear a risk of exploitation of the most vulnerable women. Therefore, they advocate for strengthening medically assisted procreation (ART/AMP). Additionally, 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 subject requires sustained political pedagogy. Moreover, it must be done without alienating the Élysée and without dividing the majority.
Europe as a Laboratory
The continent offers a mosaic of solutions. The United Kingdom allows forms of non-commercial surrogacy, with non-binding agreements and validation by the courts after birth (parental orders). Greece uses a prior judicial authorization. Portugal regulates altruistic surrogacy in specific medical cases. Conversely, Germany and Switzerland prohibit the practice. Outside Europe, Canada allows altruistic surrogacy. Additionally, several American states legalize it, including in remunerated form, with varying safeguards.
For France, drawing from these references requires deciding: what to copy, what to discard, what to invent? In the short term, it is the architecture of guarantees (non-profit, judge, filiation) that will determine the possibility of a minimal consensus.
A Socio-Economic Equation
Proponents of reform highlight the reality of the journeys. Each year, couples or single individuals turn to abroad for a locally legal surrogacy. The cost is high, the intermediaries numerous, the risks significant. A regulated legalization, they argue, would bring back these ART journeys — including for single women — into the common law. Moreover, it would reduce inequalities of access and better protect children and surrogates.
Opponents counter that regulation does not eliminate the asymmetry between desire for a child and ability to carry; that economic constraint can hide behind reimbursements; and that the idea of a "pregnancy contract" remains, in itself, a shock to the French legal tradition.
What Legal Paths After 2027?
Several scenarios are circulating. The most likely would be an altruistic arrangement, prohibited to lucrative intermediaries, with judicial control and reimbursement caps. Filiation could be recognized by a judge before birth, under strict conditions, to avoid subsequent disputes. Others advocate for a limited-time and scope experiment, accompanied by an independent evaluation.
Any project would need to revise several texts such as the Civil Code, health, and social security. Additionally, it must specify the status of surrogacy agreements and medical responsibility. Furthermore, 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 the control.
The Attal Gamble
Beyond the substance, the initiative says something about the Attal method: territorializing debates (trips, immersion with local elected officials), sequencing announcements (security, school, ecology, now family), and establishing markers for 2027. The ethical surrogacy is a high-risk test. It can aggregate a centrist and urban electorate. It could harden the axis of confrontation with the right. Moreover, it would widen the gap with the Élysée’s caution.
If Renaissance manages to meet the requirement — informed debate, contradictory expertise, clear vote —, the party will gain in programmatic credibility. Conversely, a retreat or confusion would reinforce the idea of an ideological drift.
References
- Text: Article 16-7 of the Civil Code (nullity of surrogacy agreements).
- Jurisprudence: recognition, under conditions, of children born through surrogacy abroad.
- Files: Surrogacy; Renaissance (party)); Gabriel Attal.
- Agenda: Renaissance back-to-school in Arras, September 20-21, 2025 (meeting September 21, 2:30 PM).
To Follow
- The precise scope of the "ethical surrogacy" notion adopted by Renaissance.
- The vote of the members and the arbitrations announced in Arras.
- The reactions of the oppositions and the position of the Élysée.
- The preferred legal avenues (judge control, non-profit, anticipated filiation).
In Summary
By putting surrogacy back on the table, Gabriel Attal seeks to initiate a debate. Moreover, he attempts to link liberal values and protection of the most vulnerable. Furthermore, he aims to unlock a long-postponed French debate. The law still prohibits; the jurisprudence has relaxed the recognition of situations born elsewhere. Between prohibition and reality, Renaissance seeks a French path. If found, it will weigh on 2027; if not, it will reveal the limits of a party in search of a coherent narrative.