"behind the Ban on Surrogacy in France, What Role for 'symbolic' and Pragmatic Arguments? an Analysis of Institutional Opinions in Comparison with Feminist Literature."

Surrogacy , prohibited in France since 1994, is a subject of controversy, being regarded by the WHO as a form of Assisted Reproductive Technology, while others see it as a form of reproductive slavery.

In the first part, this presentation explores the issue of its legalization in France by examining various perspectives: biological, medical, sociological, and feminist. It then identifies two types of arguments against surrogacy: idealistic and practical. This analysis is based on a literature review, a critical analysis of institutional opinions, a review of over a hundred media sources, and a survey of 550 feminists.

The presentation questions the legitimacy of the ban based on idealistic and 'symbolic' arguments, along with their Kantian and religious heritage. Once this demonstration is made, the issue of the legalization of surrogacy is framed differently: if principled arguments are insufficient to justify the ban, are practical arguments more legitimate in doing so? In other words, from a pragmatic perspective, what is the most ethical legal stance for France?

The author addresses this in the third part by providing a well-argued synthesis of over 130 scientific publications, recommending the harmonization of national legislations and international regulation, particularly to protect surrogate mothers. Beyond its scientific interest, this work aims to be practical by inspiring future recommendations and offering diagnostic and policy tools for addressing the issues raised by surrogacy.