L’accès à l’assistance médicale à la procréation en France : reflet de la norme sociale procréative ?

摘要

Assisted reproductive technologies (ARTs) have developed considerably over recent decades and account for approximately 2 per cent of births in Europe today. They have, however, been developed under highly heterogeneous legislative frameworks, with France being distinguished by restrictive access to ARTs. A comparison of this specific French framework with the legislative frameworks in other countries highlights the fact that French social reproduction norms are based primarily on heterosexual couples. To avoid restrictive ART regulation, French associations have set up networks of transborder access to ARTs involving different populations : single women or men, same-sex couples, but also heterosexual couples not covered by the French legislation because they are over 42 years old or want to use a surrogate mother. Moreover, the organization of anonymous and free sperm or eggs donation also entails travelling abroad, in particular for eggs donation for which there is a severe shortage. The use of transborder ART raises new issues, in particular that of a potential marketization of the body among the disadvantaged populations in Europe.