Greece

Surrogacy is an assisted reproduction method where a woman carries and delivers a baby for another person or couple, referred to as the intended parents. Greece has become an increasingly popular destination for surrogacy due to its progressive legal framework and well-established medical facilities. This blog will provide an in-depth look at the surrogacy laws in Greece, the legal processes involved, and key considerations for prospective parents.

Legal Framework

Greece has one of the most comprehensive legal frameworks for surrogacy in Europe, providing clear guidelines and protections for all parties involved. The legal framework is primarily based on the following laws:

1. Law 3089/2002:
   • This law legalized altruistic surrogacy in Greece and established the legal grounds for surrogacy agreements. It allows for both gestational and traditional surrogacy.
2. Law 3305/2005:
   • This law regulates medically assisted reproduction, including surrogacy, and sets out the requirements and procedures for surrogacy arrangements.
3. Law 4272/2014:
   • This law introduced amendments to the existing surrogacy legislation, making the process more accessible and inclusive, particularly for international intended parents.

Eligibility Criteria

For Intended Parents:

• Marital Status: Both married and unmarried heterosexual couples are eligible for surrogacy in Greece. Single women are also eligible, but single men and same-sex couples are currently not permitted to pursue surrogacy.
• Medical Necessity: Intended parents must provide medical proof that surrogacy is necessary, typically due to infertility or medical conditions that prevent pregnancy.
• Residency: There are no residency requirements, making Greece an attractive option for international intended parents.

For Surrogate Mothers:

• Age and Health: Surrogate mothers must be between 25 and 45 years old and in good health. They must pass comprehensive medical and psychological evaluations to ensure their suitability.
• Voluntary Participation: Surrogates must provide informed consent and enter into the surrogacy agreement voluntarily, without any form of coercion.

Surrogacy Process in Greece

1. Choosing a Surrogacy Agency or Clinic:
   • Intended parents typically start by selecting a reputable surrogacy agency or fertility clinic in Greece. 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. Court Approval:
   • Before the embryo transfer can take place, the intended parents must obtain a court order approving the surrogacy arrangement. The court evaluates the medical necessity, the suitability of the surrogate, and the surrogacy agreement.
4. 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 Greek law.
5. Embryo Transfer:
   • The IVF process begins, with embryos created using the intended parents’ (or donors’) gametes being transferred to the surrogate mother’s uterus.
6. Pregnancy and Birth:
   • The surrogate mother carries the pregnancy to term, receiving medical care and support throughout. The intended parents are usually involved in the pregnancy journey and present at the birth.
7. Legal Parentage:
   • After the birth, the intended parents are recognized as the legal parents of the child. Their names are entered on the child’s birth certificate, and the surrogate mother relinquishes all parental rights.

Rights and Protections

Intended Parents:

• Greek law ensures that the intended parents are recognized as the legal parents from the moment of birth. There is no need for adoption or further legal processes to establish parentage.

Surrogate Mothers:

• Surrogate mothers are protected under Greek law to ensure they receive proper medical care and any agreed-upon compensation. They also retain the right to informed consent and can withdraw from the agreement before the embryo transfer.

Children:

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

Challenges and Considerations

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

1. Eligibility Restrictions:
   • The exclusion of single men and same-sex couples from pursuing surrogacy in Greece limits the options for some prospective parents.
2. Legal and Bureaucratic Processes:
   • The requirement for court approval adds a layer of legal and bureaucratic processes that must be navigated carefully to avoid delays or complications.
3. 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.

Conclusion

Greece provides a robust legal framework for surrogacy, offering clarity and protection for all parties involved. The combination of progressive legislation, advanced medical facilities, and the absence of residency requirements makes Greece an attractive destination for many intended parents. However, it is crucial for prospective parents to work with reputable agencies and legal experts to navigate the process effectively and ensure compliance with all legal requirements. With the right support, surrogacy in Greece can be a fulfilling path to building a family.