At the beginning of August 2014, the world witnessed an appalling Australian Thai news story highlighting the worst excesses of the internationalization of the famous “surrogate motherhood contracts”. Indeed, the abandonment by a couple “commissioner” of a child with Down syndrome to his surrogate mother triggered a public outrage; it also highlighted the need in the West, as elsewhere, to conduct a thorough debate to move towards more responsible legislations on filiation, which respects the dignity and the interest of the child. It is in this context that this article proposes to trace back to the origins of the prohibition by the French law of surrogacy contracts, in order to highlight the foundations and practical consequences for the courts. By conducting a comparative analysis of recent responses given by French and Quebec judges to this issue of the supervision of surrogacy contracts, we will suggest some courses of reflection to contribute to the ongoing debate both in France and in Quebec.