Cyprus

Surrogacy, a method of assisted reproduction where a woman agrees to carry and give birth to a child for another person or couple, is governed by distinct legal frameworks in different countries. Cyprus, known for its picturesque landscapes and rich cultural heritage, has also become a notable destination for surrogacy due to its relatively liberal laws and advanced medical facilities. This blog delves into the surrogacy laws in Cyprus, providing a comprehensive overview of the legal landscape, processes, and key considerations for prospective parents.

Legal Framework

Surrogacy in Cyprus operates under a relatively lenient legal framework compared to many other European countries. The legal environment is designed to facilitate both domestic and international surrogacy arrangements while protecting the rights of all parties involved.

1. Liberal Legislation:
   • Cyprus does not have specific legislation that explicitly regulates surrogacy. Instead, it operates under a general legal framework that permits surrogacy arrangements, provided they adhere to contract law principles and ethical guidelines.
2. Contractual Basis:
   • Surrogacy agreements in Cyprus are treated as private contracts between the intended parents and the surrogate mother. These contracts must comply with the general principles of contract law, ensuring clarity and mutual consent.

Eligibility Criteria

For Intended Parents:

• Marital Status: Both married and unmarried heterosexual couples are eligible to pursue surrogacy in Cyprus. Same-sex couples and single individuals may also engage in surrogacy arrangements.
• Citizenship: There are no specific citizenship requirements, making Cyprus an attractive destination for international surrogacy.

For Surrogate Mothers:

• Age and Health: Surrogate mothers must be of legal age and in good health. They are required to undergo comprehensive medical and psychological evaluations to ensure their suitability for carrying a pregnancy.
• Voluntary Participation: The surrogate must provide informed consent and enter into the surrogacy agreement voluntarily, free from any form of coercion.

Surrogacy Process in Cyprus

1. Selecting a Surrogacy Agency or Clinic:
   • Prospective parents typically begin by choosing a reputable surrogacy agency or fertility clinic in Cyprus. These agencies facilitate the entire process, from matching with a surrogate to handling legal and medical procedures.
2. Medical and Psychological Screening:
   • Both the intended parents and the surrogate mother undergo thorough medical and psychological assessments to ensure their readiness and suitability for the surrogacy process.
3. Legal Agreement:
   • A detailed surrogacy agreement is drafted and signed by both parties, outlining the rights, responsibilities, and compensation for the surrogate mother. This contract must comply with the principles of Cypriot contract law.
4. Embryo Transfer:
   • The IVF process begins, with embryos created using the intended parents’ (or donors’) gametes being transferred to the surrogate mother’s uterus.
5. Pregnancy and Birth:
   • The surrogate mother carries the pregnancy to term, receiving medical care and support throughout. The intended parents are often involved in the pregnancy journey and present at the birth.
6. Legal Parentage:
   • After the birth, the intended parents must take legal steps to establish their parental rights. This typically involves obtaining a court order to transfer legal parentage from the surrogate mother to the intended parents.

Rights and Protections

Intended Parents:

• The intended parents are recognized as the legal parents of the child once the necessary legal steps are completed. They assume full parental rights and responsibilities from the moment of birth.

Surrogate Mothers:

• Surrogate mothers are protected under Cypriot law to ensure they receive fair compensation and medical care as agreed in the surrogacy contract. They also retain the right to informed consent and can withdraw from the agreement before the embryo transfer.

Children:

• Children born through surrogacy in Cyprus have the same legal rights as any other child, with their intended parents being their legal guardians.

Challenges and Considerations

While Cyprus offers a favorable environment for surrogacy, there are some challenges and considerations to keep in mind:

1. Legal Ambiguities:
   • The lack of specific surrogacy legislation means that intended parents must navigate the process carefully, ensuring all contracts and legal steps are meticulously followed to avoid disputes.
2. Ethical Concerns:
   • As with surrogacy in any country, ethical considerations regarding the potential exploitation of surrogate mothers and the commercialization of surrogacy must be taken into account.
3. International Recognition:
   • Intended parents, particularly those from other countries, must ensure that their home country recognizes the surrogacy agreement and the legal parentage established in Cyprus.

Conclusion

Cyprus provides a relatively flexible and inclusive legal environment for surrogacy, making it an attractive option for many intended parents. The combination of advanced medical facilities, inclusive eligibility criteria, and a supportive legal framework allows for a smooth surrogacy journey. However, it is crucial for intended parents to work with reputable agencies and legal experts to navigate the process effectively and ensure that all legal requirements are met. With the right support, surrogacy in Cyprus can be a fulfilling path to building a family.