Magistrates ruled Friday on the iconic case of the Mennesson family, whose siblings were born by surrogacy (GPA) in California 19 years ago.

The Court of Cassation validated on Friday the entire transcription into French law of the birth certificates of two twins born by GPA in California 19 years ago, a decision tailored to the "special case" of the Mennesson family, become iconic . If the recognition of the paternity of Mr. Mennesson, biological father, was acquired, this file raised the question of the status in French law of the "mother of intention", who desired and raised the children, but did not birth. The Court of Cassation considered that the adoption solution, enshrined in its jurisprudence, was unsatisfactory in this "specific case".

"This fight is definitely and completely won" and "This will be precedent for cases identical to those of the Mennesson family," said family lawyer Patrice Spinosi. After years of judicial battles of this family, at the forefront of the fight for recognition of parentage between parents and children born abroad by surrogacy (GPA), banned in France, the Court had met on 20 September in his most solemn formation.

Government should align with Court decision

Magistrates have granted the Mennessons what they have been asking since 2000 and the birth of their daughters, a GPA carried out in California, where this process is legal: the transcription into French law birth certificates on which they appear as only father and mother.

Until now, the jurisprudence of the Court of Cassation did not allow such a transcription of birth certificates, as regards the "mother of intention", advocating the adoption solution. The government said it was "suspended" from the Court's ruling to clarify the state of the law for children born abroad to a surrogate mother.