Surrogacy Insights
Surrogacy in Greece: Legal Framework and Key Considerations
Greece is one of the few European countries where surrogacy is legally permitted under a well-defined legal and regulatory framework. For intended parents seeking surrogacy options abroad, Greece offers a clear path to parenthood, provided strict legal requirements are met.
Surrogacy in Greece is governed by Article 1458 of the Greek Civil Code, Article 8 of Law 3089/2002, and Law 3305/2005 (Enforcement of Medically Assisted Reproduction), as amended by Law 4272/2014. The system also includes specific professional and medical standards that all parties must follow.
Who Can Pursue Surrogacy in Greece?
Only heterosexual married couples or single women are permitted to pursue surrogacy.
The intended mother must be under the age of 50 and must provide medical proof of her inability to carry a pregnancy.
Same-sex couples and single men are currently excluded from the surrogacy process under Greek law.
Requirements for the Surrogate
The surrogate must be between 25 and 45 years old.
She must have previously given birth to at least one child.
No more than two caesarean sections are allowed.
She must be a resident or temporary resident of Greece. It is generally accepted that EU citizens meet this residency requirement.
The surrogate cannot be biologically related to the child she carries.
Legal and Procedural Steps
Altruistic surrogacy only is permitted. Compensation is limited strictly to reasonable expenses, such as medical costs and lost wages.
Commercial surrogacy is prohibited, and violations carry criminal penalties, including at least two years of imprisonment and significant fines.
A written surrogacy contract is required and must be approved by a Greek court before embryo transfer can occur.
Court approval is mandatory and typically takes 30–60 days following a hearing.
Once approved, the intended parents are recognized as the legal parents from the moment of conception. The surrogate has no parental rights (Art. 1464).
The intended parents are listed on the original Greek birth certificate.
Important Note for Non-Biological Surrogacy
Although Greek authorities recognize non-biological intended parents as legal guardians, many countries—including the U.S., U.K., and Canada—require DNA testing to establish biological parentage for purposes of citizenship and passport issuance.
If you are considering a surrogacy arrangement in Greece where neither parent is biologically related to the child, it is essential to consult with an immigration attorney in your home country before proceeding.
Final Thoughts
Greece offers a rare combination of legal recognition, judicial oversight, and ethical safeguards in surrogacy arrangements. For qualifying intended parents, it provides a clear and relatively efficient path to parenthood. However, international legal complexities—especially those related to citizenship and recognition of parentage—should always be carefully considered before initiating the process.
Future Legal Developments
April 2025
Greek Justice Minister Giorgos Floridis recently announced proposed changes aimed at “eliminating legal ambiguity” around the concept of “inability to carry a pregnancy.” As he explained, “the inability to carry a pregnancy does not refer to an inability arising from one’s gender… a woman may be unable to carry a pregnancy whether she is in a male‑female couple, a female same‑sex couple, or on her own.”
These changes are part of a broader civil code reform and are still subject to parliamentary debate and approval.
If passed, the amendments would prohibit single men and male same-sex couples from accessing surrogacy in Greece, while preserving access for women, including those in same-sex relationships. Though Greece legalized same-sex marriage just last year, this proposed restriction represents a disappointing shift, further intensifying barriers for gay men seeking to build families through surrogacy.
August 2023
The Greek police arrested at least 8 individuals associated with a fertility clinic in Crete, Greece. The investigation into illegal commercial surrogacy operations started in 2022. Despite Greece allowing surrogacy for international clients, commercial surrogacy is prohibited.
Most alarming is the exploitation of vulnerable women from Ukraine, Romania, Bulgaria, and Georgia, lured to Crete under false promises. These women were confined to clinic-rented houses, under constant surveillance, with limited freedom. The investigation is ongoing.
Unfortunately, investigations into illegal surrogacy practices of this magnitude often result in the implementation of stricter regulations or even the outright prohibition of surrogacy. We will monitor the situation and report on any proposed legislation.
2008/2009
