Surrogacy is a practice by which a woman carries the fetus of intended parents, continues the pregnancy until the birth of the child, and returns the child to them. This practice is, in general, used in cases where women, despite a preserved ovarian function, cannot carry a pregnancy to term. It is the subject of several ethical questions relating mainly to the rights of the surrogate mother, women’s dignity, and the respect for the relationship between mother and child during pregnancy. This practice is prohibited in France and criminalized, under certain conditions, by article 227-12 of the Criminal Code. In Canada, the Assisted Human Reproduction Act prohibits the payment of consideration to a woman to be a surrogate mother or the offer to pay such consideration, but implicitly authorizes management contracts for others for free. However, provincial regulations of this practice vary. The main question of this paper is to discuss the legal status of the child born abroad from surrogacy, considering Section 8 of the Convention on the Rights of the Child which provides that States Parties undertake to respect the right of the child to preserve his or her identity.