Assisted reproduction for all women and the role of your notaire

Did you know that, for a child to be born through medically assisted reproduction (PMA), the notaire alone has authority to record the consent of the parents who wish to use it?

Consent to assisted reproduction with a third-party donor must be given in an authentic notarial deed. This was already the case for heterosexual couples. It now applies to all women, whether single or in a couple (including same-sex couples).

The bioethics law enacted on 2 August 2021 extended access to assisted reproduction to all women, while granting new rights to children born in this way. Consent before a notaire has therefore been extended to cover every possible situation. When recording the consent, the notaire informs the future mother or future parents that no parentage can be established with the donor and that they will not be able to contest their maternity and/or paternity.

When a married heterosexual couple uses assisted reproduction, parentage is established automatically, and the names of the mother and father appear on the birth certificate.
Where the couple is not married, recognition of paternity is not automatic and the father must recognise the child at the town hall or before a notaire.
For a couple of women, a deed of joint advance recognition of the unborn child must be drawn up before a notaire.

Future parents using assisted reproduction: your notaire makes sure your consent is freely given and informs you of all its personal and financial consequences.
Future mothers: thanks to the authentic deed drawn up by your notaire, your child's parentage cannot be challenged, and the names of both mothers will appear on the full birth certificate.