French Court Orders Payment for Birth Costs in Ukraine Surrogacy Case

A French court has ruled that a father must pay €16,086.92 (approximately $17,450 USD as of March 11, 2026) in childbirth costs after utilizing a surrogacy arrangement in Ukraine, despite the practice being illegal in France. The case highlights the legal complexities faced by French citizens seeking surrogacy abroad and the challenges hospitals encounter when providing care in such situations.

The Case Details

The couple, residing in the Var Department of France, turned to Ukraine for surrogacy services due to the prohibition of the practice within France. Ukraine has been a popular destination for French citizens seeking surrogacy, offering lower costs and a more streamlined legal process for establishing parental rights [1]. The surrogate mother, a Ukrainian citizen, was forced to flee her country due to the ongoing war with Russia while pregnant with the couple’s child [1].

To facilitate the birth in a French hospital – Sainte-Musse hospital in Toulon – the father registered the birth under a false identity, claiming to be the sole parent. This allowed the hospital to provide care without directly confronting the legal issues surrounding surrogacy. The hospital allocated a room for the couple and the newborn without requiring standard documentation [2].

The Court’s Ruling

The public rapporteur characterized the situation as a “perversion of the law,” noting that the surrogate mother came to France specifically to fulfill a surrogacy contract and that the infant was not initially processed through child welfare services. The father’s lawyer argued that the technical requirements for a birth under a false identity were met and that the Var Department had no grounds to dispute the costs. While, the administrative court disagreed, finding that the father intentionally circumvented French law regarding filiation.

The court ordered the father to cover the €16,086.92 in childbirth expenses. The ruling is subject to appeal.

Surrogacy in Ukraine and France

Prior to the full-scale invasion of Ukraine, the country’s surrogacy industry accounted for up to a quarter of the global $14 billion surrogacy market, second only to the United States [1]. Ukraine offered prospective parents advantages such as lower costs and the establishment of parental rights from conception, without the need for lengthy court proceedings [1].

Surrogacy remains illegal in France, forcing citizens to seek arrangements in other countries. This case underscores the legal and ethical challenges that arise when individuals pursue surrogacy abroad and the difficulties in navigating the resulting legal complexities upon returning to France.