Greece

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Surrogacy Insights

 

In Greece, surrogacy is permitted by law: Article 1458 of the Greek Civic Code & Article 8 of Law 3089/2002 and Law 3305/2005 “Enforcement of Medically Assisted Reproduction), as amended by Law 4272/2014, and professional regulation:

 

  • Heterosexual married intended parents or single women only.
  • The intended mother must be 50 years or younger.  (L.3305/2005 art. 4 par. 1 and Civil Code art. 1455 par. 1) 
  • The surrogate must be between the ages of 25 -45; must have given birth to at least one child and must have had 2 or fewer caesarian sections. (Art. 9 Art. 1).
  • Uncompensated surrogacy only is permitted, but payment of reasonable expenses is allowed, such as lost wages due to the pregnancy.  There are criminal sanctions (at least two years imprisonment & fine) for those not complying with the rules. (Art. 13 of Law 3305/2005).
  • Prior court approval of the contract is mandatory before any transfer takes place. As long as the intended parents satisfy the criteria, no applications have been declined thus far.  Usually, the approval judgment is issued between 30-60 days after the hearing date. 
  • The intended mother must prove she cannot carry a pregnancy.
  • Intended Parents are the legal parents from conception onwards. The surrogate has no legal parental rights. (Art. 1464)
  • The surrogate cannot be biologically related to the child she carries.
  • The surrogate must be a resident or temporary resident in Greece. However, it is thought that any EU citizen will meet the residency requirements.
  • A legally written contract is necessary to obtain a court order recognizing parental rights in Greece.  The intended parents or the surrogate must be permanent or temporary residents of Greece to fulfill this requirement. (Art. 17 of L. 4272/2014)
  • Parents are recognized on original birth certificates.

 

Warning

 

Non-biological surrogacy is permissible, and authorities recognize the intended parents as the legal guardians. However, several countries require DNA testing to establish biological parentage before granting citizenship or issuing a passport. Before opting for non-biological surrogacy, individuals should consult with an immigration attorney in their home country.

 

 

 
Greece

Future Legal Developments

 

2008/2009

Two instances have occurred where lower courts permitted single men to pursue surrogacy. The One Member First Instance Court of Athens (2827/2008) and the One Member First Instance Court of Thessaloniki (13707/2009) expanded the legal scope for single men to engage in surrogacy. These courts granted the necessary judicial permits under Article 1458 of the Civil Code, citing concerns regarding gender equality, particularly since surrogacy is allowed for single women. Article 4 of the Constitution states that all Greeks are equal – that Greek men and women have equal rights and obligations. However, it’s noteworthy that higher courts have not upheld these decisions.

 

 

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.

 

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