Surrogacy Insights

Surrogacy in Cyprus: Legal Framework, Geographic Division, and Key Risks

Surrogacy in Cyprus is often described as offering legal structure and judicial oversight.  However, this is true only in part.  Cyprus’s unique geopolitical division means that surrogacy is regulated solely in the southern, internationally recognized Republic of Cyprus, while the northern, Turkish-controlled region operates outside this legal framework.

Understanding this distinction is essential for intended parents considering Cyprus as a surrogacy destination.

Cyprus’s Geopolitical Division and Why It Matters

On July 20, 1974, Turkey invaded Cyprus, resulting in the island’s ongoing division into two separate jurisdictions, divided by a UN-controlled buffer zone known as the Green Line.

The two regions are:

• Republic of Cyprus

  • Controls the southern portion of the island

  • Internationally recognized

  • Member of the European Union

  • The only part of Cyprus where surrogacy is regulated by law

• Turkish Republic of Northern Cyprus (TRNC)

  • Controlled by Turkey

  • Recognized only by Turkey

  • Not subject to EU law

  • Has no specific surrogacy legislation

All surrogacy laws discussed below apply exclusively to the Republic of Cyprus.  They DO NOT apply in Northern Cyprus.

The Legal Framework for Surrogacy in the Republic of Cyprus

Surrogacy in the Republic of Cyprus is governed by two interconnected laws:

1. The Surrogacy Law of 2002

2. The Medical Assisted Reproduction Law of 2015

Together, these laws regulate whether surrogacy is permitted, how it must be conducted, and who may participate.

The Surrogacy Law of 2002: Legal Authorization and Parentage

The Surrogacy Law of 2002 established the legal basis for gestational surrogacy in Cyprus.  Its primary purpose is to provide judicial oversight and legal certainty, particularly regarding parentage.

• Altruistic surrogacy only
  Surrogacy must be non-commercial.

  • No compensation may be paid to the surrogate

  • Only reasonable, documented pregnancy-related expenses may be reimbursed

• Mandatory court approval before embryo transfer
  Intended parents must apply to a Family Court before treatment begins.

         The court reviews:

• • Medical necessity for surrogacy

  • The suitability of the surrogate

  • The written surrogacy agreement

  • Confirmation that no financial inducement is involved

• Legal parentage by court order
  When approved, the court order recognizes the intended parents as the child’s legal parents, avoiding post-birth disputes.

In summary, this law answers the fundamental question: Is surrogacy legally permitted, and who are the parents?

The Medical Assisted Reproduction Law of 2015: Medical and Ethical Regulation

The Medical Assisted Reproduction Law of 2015 modernized Cyprus’s fertility regulations and governs how surrogacy is carried out in practice.

It regulates:

• Licensing and oversight of IVF clinics

• Medical eligibility for assisted reproduction

• Consent, counseling, and psychological screening

• Ethical standards and compliance requirements

• Proper storage and handling of genetic material

In practical terms:

• The 2002 law provides legal authorization

• The 2015 law governs medical treatment and clinic conduct

A surrogacy arrangement must comply with both laws to be valid.

Who Can Participate in Surrogacy in the Republic of Cyprus?

While each case is reviewed individually by the court, key principles include:

• Surrogacy is typically permitted for individuals or couples who are medically unable to carry a pregnancy

• The surrogate must meet medical and psychological suitability criteria

• All parties must give informed consent

• The arrangement must be altruistic, transparent, and court-approved

Failure to meet these conditions can result in denial of court approval.

Northern Cyprus (TRNC): Absence of Surrogacy Law and Associated Risks

The TRNC has no dedicated surrogacy legislation.

Key points:

• There is no statutory framework authorizing surrogacy

• No court process exists to approve surrogacy arrangements

• No mechanism exists to issue parentage orders in favor of intended parents

• Existing IVF regulations do not clearly permit surrogacy

As a result, any surrogacy-related activity in Northern Cyprus operates in a legal vacuum.

Risks for International Intended Parents in the TRNC

For international intended parents, pursuing surrogacy in Northern Cyprus carries significant risks, including:

• Uncertain parentage (the birth mother may be recognized as the legal parent)

• Non-recognition of documents outside Northern Cyprus

• Serious difficulties in obtaining citizenship or travel documents for the child

• Lack of international legal recourse due to the TRNC’s limited recognition

It should also be noted that Turkey expressly prohibits surrogacy.  Under Turkish law, third-party reproduction is not permitted, including gestational or traditional surrogacy, as well as egg and sperm donation.

Participation in surrogacy-related activities may result in administrative and criminal penalties, loss of medical licenses for physicians, and legal exposure for intermediaries and agencies.   While enforcement may vary, the legal prohibition itself is clear.

These risks can have significant long-term legal and immigration consequences for intended parents and children.

Conclusion

Surrogacy in Cyprus is legally regulated only in the Republic of Cyprus, under a dual framework consisting of the Surrogacy Law of 2002 and the Medical Assisted Reproduction Law of 2015.  These laws provide court oversight, restrict surrogacy to altruistic arrangements, and regulate medical practice.

By contrast, Northern Cyprus has no surrogacy laws, no court protections, and no reliable path to legal parentage for intended parents.

Intended parents should proceed only with full awareness of Cyprus’s divided legal landscape, carefully confirm the jurisdiction of all clinics and professionals involved, and understand that surrogate compensation is prohibited by law. Independent legal and immigration advice should be obtained in writing, and the jurisdiction in which each aspect of the surrogacy process occurs should be verified before proceeding.