Acquisition of a Child through Surrogacy

Acquisition of a Child through Surrogacy

The acquisition of a child constitutes, for many people, one of the most significant and emotional experiences of their lives. However, there are cases where couples—or even individuals—face difficulties with conception, pregnancy, or childbirth. In this context, surrogacy emerges as an alternative solution that helps realize the dream of parenthood. In this article, we will analyze what the process of acquiring a child through a surrogate mother entail, the ethical and legal implications, the applicable laws in Greece, and its psychological, social, and economic impact on all parties involved.

 

What Is Surrogacy

Surrogacy is a method of medically assisted reproduction. In this case, a woman—referred to as the surrogate mother—carries and gives birth to a child on behalf of another couple or individual. The child belongs to the couple or individual who has requested the procedure and not to the surrogate. The applicant must request court approval to transfer fertilized eggs—her own or those of a third-party donor, unrelated to the surrogate—into the surrogate's body, fertilized in vitro using the genetic material of her spouse/partner or a third-party donor. This method is the most widespread and legally accepted in many countries.

 

Why Surrogacy Is Chosen

The reasons for opting for surrogacy vary:
• Medical Issues: Cancer, surgeries involving uterus removal, or severe difficulties with pregnancy due to anatomical abnormalities make carrying a child impossible for the woman.
• Failed In Vitro Fertilization Attempts: Couples or individuals who have repeatedly tried unsuccessfully to conceive through in vitro fertilization may resort to a surrogate mother.

 

Legal Framework and Ethical Implications

The legal framework surrounding surrogacy varies significantly worldwide. Some countries have legalized it under specific restrictions and transparent procedures, while others strictly prohibit it. In Greece, under articles 2 para. 1(b), 3(8 & 9), 4, 13 of Law 3305/2005, and article 1458 of the Civil Code, surrogacy refers to a method of medically assisted reproduction whereby a woman (referred to as the surrogate or gestational carrier) carries and gives birth after in vitro fertilization and implantation of fertilized eggs unrelated to herself, on behalf of another woman who wishes to have a child but is medically unable to carry a pregnancy. The process is legal and regulated but subject to strict conditions. For instance, court approval is required before embryo implantation in the surrogate, and agreements for gestation by the surrogate must be in writing and without any form of compensation. However, covering pregnancy-related expenses, compensation for damages caused by abstaining from work, and wages lost due to absence for the purpose of achieving pregnancy, gestation, childbirth, and postnatal care are not considered compensation.

The ethical dimension of surrogacy is complex. Many argue it provides individuals and couples the opportunity to experience the joy of parenthood, offering a solution in cases where biological conception is not feasible. Critics, however, contend there is a risk of exploiting women serving as surrogates, particularly those from economically disadvantaged backgrounds. Ensuring the process is voluntary, non-commercialized, and fully informed is considered fundamental.

 

Preparation Process

The decision to opt for surrogacy is neither simple nor taken lightly. Prospective parents and the surrogate mother undergo a series of medical, legal, and psychological evaluations. These steps include:

1. Medical Evaluation: Prospective parents and the surrogate undergo blood tests, gynecological exams, and general health assessments to ensure pregnancy suitability and rule out any transmissible diseases or risks.

2. Legal Coverage and Agreements: Legal representation by specialized attorneys is crucial. Agreements are drafted to clearly define the rights, obligations, and boundaries of all parties. The presence of expert lawyers in the surrogacy process is pivotal, as their role extends beyond drafting standard legal documents. Through detailed agreements, they ensure the rights of the intended parents and the surrogate are fully protected. Moreover, lawyers act as advisors, providing the necessary guidance so that intended parents proceed with confidence, knowing the process is entirely lawful and aligned with everyone’s rights and needs.

3. Psychological Evaluation: Psychological assessment is a significant element.
The act of transferring gestation to a third party evokes emotional challenges for both the prospective parents and the surrogate. Professional psychologists assist in understanding emotions, fears, and expectations better. Ensuring the mental well-being of all parties is essential for the smooth progression of the process.

4. Medical Treatments and Embryo Transfer: After ensuring that all legal, medical, and psychological criteria are met and always following the issuance of a court decision, embryo transfer takes place. The process is closely monitored by doctors, and the surrogate receives support throughout the pregnancy.

 

Psychological and Emotional Aspects

Surrogacy evokes a wide range of emotions among all involved parties. Prospective parents, often exhausted from long and unsuccessful attempts to conceive, experience relief, excitement, and gratitude. At the same time, they feel anxiety, as they may perceive a loss of control. On the other hand, the surrogate mother often feels satisfaction in offering something invaluable to another couple but also faces the emotional weight of pregnancy. Maintaining a balance between the intimacy of bringing a child into the world and the knowledge that the child belongs to others is crucial.

 

Social and Cultural Implications

Surrogacy sparks discussions on issues such as the redefinition of family, the limits of biological kinship, and social acceptance. In some societies, the traditional notion of the mother always carrying her own child prevails. However, modern times, equipped with medical and legal tools, challenge traditional taboos. Even language evolves: terms like "biological parent," "surrogate mother," and "genetic donor" capture more complex realities.

Economic Aspects

The surrogacy process often involves high costs. Especially in countries without strict legal frameworks, a “market for parenthood” may emerge. For this reason, countries with regulated frameworks strive to avoid commercialization.

 

Post-Birth

After the child’s birth, relationships among those involved may vary. Some couples choose to maintain contact with the surrogate, while others prefer a clear and definitive separation. Whatever the choice, transparency, honesty, and mutual respect are essential. Parents, on the other hand, begin their own family story.

 

Conclusions

The acquisition of a child through surrogacy is a complex and multifaceted process that combines medical science, law, ethics, psychology, and sociology. For many people, it offers a lifeline to parenthood, overcoming obstacles that once seemed insurmountable. For others, it raises unanswered questions, fears, and concerns about the limits of science and women’s rights. The most important aspect is to ensure that the process is carried out with respect, transparency, and protection for all parties involved. Prospective parents, surrogates, and the children  resulting from these procedures deserve a framework that legally, ethically, and psychologically safeguards them. Gradual societal acceptance and maturity, combined with scientific, legal, and ethical standards, can make surrogacy a fully viable and humane option for those who choose it.

At Karpouzis-Lianou & Associates Law Firm, we understand the multifaceted challenges of the surrogacy process. With specialized knowledge and experience in family law, we provide comprehensive legal support at every stage of the process. We handle the preparation of all necessary legal documents, judicial representation for obtaining the required court approval, and the protection of the rights of all involved parties. Our goal is to ensure that the process unfolds safely, transparently, and respectfully, helping you make the dream of parenthood a reality.

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