Legal situation in Greece
GREECE has its own legislation on surrogacy since 2002. However, in July 2014, foreign citizens were allowed to carry out surrogacy processes without requiring them to be residents in the country, neither the intended parents nor the surrogate mother. It is only necessary for one of the parties to have temporary residence.
Since 2002, altruistic surrogacy has been legal in Greece after a special court permission. All other types of surrogacy are forbidden.
Traditional, Commercial and Social Surrogacy is expressly forbidden by the surrogacy law.
1. Greek legislation on surrogacy
Surrogacy is governed by Article 1458 of the Greek Civil Code supplemented by Article 8 of Law 3089/2002:
Three years after the surrogacy regulation, Law 3305/2005 ("Application of Medically Assisted Reproduction") was passed. Such law regulates assisted reproduction and surrogacy in greater detail.
In this country, surrogate pregnancy can only be performed in heterosexual couples (married or unmarried) as well as single women, totally excluding homosexual couples or men who seek motherhood / paternity alone.
- The intended mother must provide a medical certificate from the Social Security proving that she is unable to carry the child to term or that she is at risk during pregnancy.
- The intended mother shall not exceed the age of 50.
- The surrogate mother will not be the one to provide the eggs.
- Surrogacy is altruistic, which does not mean that the pregnant mother will only receive medical expenses, and that she cannot receive any additional amount. The law establishes that she will receive an indemnification for the inconveniences and for the months she has not worked.
- The surrogate mother cannot change her mind, since she has relinquished prior to implantation and all the rights devolve upon the intended parents.
Advantages and Disadvantages of Greece
|In Greece, surrogacy programmes are legally carried out since 2004. In 2015, the law was amended and the possibility of carrying out surrogacy programmes was extended to foreign citizens||There is a great shortage of Greek surrogate mothers since they require amounts that are not in compliance with the law. As a result, it becomes necessary to employ surrogate mothers from Russia or Ukraine, who comply with the limits set by the law preventing, therefore, the perpetration of a crime|
|We are within the Schengen area, so we do not have to cross borders with the baby||The intended mother may not exceed the age of 50|
|It is an European country which is near and similar to ours||The intended mother must prove with a medical certificate that she is unable to become pregnant, or that this means a serious risk to her health|