France and Germany have a quite similar legal framework governing the human reproduction. On one side, birth control, abortion and medically-assisted procreation are allowed. On the other side, surrogacy is forbidden. Historically, France and Germany prohibited strongly surrogacy, even if, in both countries, the criminal-prohibition affects only the intermediary. For the surrogacy mother and the intended parent, the sanction will be a civil penalty: the contract is not valid. According to French or German Law, the surrogacy mother will be the mother of the child. For a time, French and German Laws managed, with these different kinds of sanctions, to prohibit surrogacy. But in time of globalization, it was impossible to stop the development of Law-shopping. Regarding to the Law of the Council of Europe and the evolution of the French and German court decisions, the question whether it is still possible today to prohibit at all, and in an efficient way the surrogacy remains.
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