SURROGACY IN GREECE

“Surrogacy” refers to the process under which a woman carries and delivers the child of another woman, who is unable to do so for medical reasons, pursuant to an IVF and transfer of the fertilized eggs belonging to another woman.

THE LEGAL FRAMEWORK IN GREECE:

In Greece, having a child through the process of surrogacy is allowed by law, pursuant to a relevant court authorization, provided that there is a written agreement, without any financial consideration, between the persons wishing to have a child and the woman which shall carry the child (and her husband, if the latter is married).

Although, as mentioned above, the agreement between the surrogate and the woman (or couple) wishing to have a child through this method, must not involve any consideration, the following are not deemed as consideration:

  • The payment of the expenses which are required for the achievement of the pregnancy, the carrying of the pregnancy and the childbirth, provided that these are not covered by the surrogate’s insurance.
  • Any compensation for the positive damage sustained by the surrogate, due to her absence from work, or the salary which she did not receive by reason of being absent from work for the purposes of the procedure. In any case, this compensation cannot exceed 10.000 euros.
  • A compensation for physical exertion of an amount of 10.000 euros for a single gestation and 15.000 for multiple gestation.

The payment of the expenses or compensation is effected only provided that a court authorization has been obtained allowing the surrogacy procedure.

THE COURT AUTHORIZATION:

The court authorization is provided on the following conditions:

  • The woman applying for surrogacy or the surrogate has her domicile or temporary residence in Greece.
  • The participating parties are adult and up to the age of their natural ability for reproduction. For the woman using the surrogacy procedure, the age of natural ability for reproduction is deemed by law to be 54 years. For women aged between 50 years old and 54 years old, medically assisted reproduction is applied only pursuant to an authorization from the National Authority of Medically Assisted Reproduction.
  • Before the procedure, a number of medical examinations are performed on the parties involved.
  • The medical professionals overseeing the procedure provide detailed information to the participating parties, as to the procedure, the alternative methods, the expected results and the possible risks from the application of such methods. The information covers also the social, ethical, legal and financial consequences. Additionally, the surrogate undergoes a psychological evaluation.
  • A written agreement is entered into between the parties involved: the persons wishing to have a child through this process, the woman who shall carry the pregnancy (surrogate) and the spouse of the latter (if she is married).

It is important to note that according to Greek law, the woman who received the court authorization to have a child through the process of surrogacy (and not the surrogate) is deemed to be the mother of the child. This presumption may be rebutted by court order, provided that it is proved that the child is biologically descended from the surrogate.


For additional information, please do not hesitate to contact us.

*The above is for informational purposes only and does not constitute legal advice.