17 Dec Differences Between Surrogacy in Greece and Abroad
Surrogacy is one of the most significant advancements in assisted reproduction, offering couples or individuals the possibility of having a child when natural gestation is not an option. However, the legal framework, ethical considerations, and societal perceptions of surrogacy vary significantly across countries. Greece stands out for its well-developed and specific legal framework regulating this practice. Let us explore the key differences between surrogacy in Greece and other countries.
Legal Framework: A Clear Law in Greece
Greece is internationally recognized for its comprehensive legal framework on surrogacy. According to Law 3305/2005, surrogacy agreements between the intending parents and the surrogate must be made in writing and cannot involve any form of financial compensation, apart from covering expenses related to achieving pregnancy, gestation, delivery, and postpartum recovery. Compensation for financial losses incurred by the surrogate due to absence from work or foregone wages related to the surrogacy process is also permitted. Judicial approval is required before the process begins, and the intending couple or individual must submit an application proving their inability to conceive by other means.
In contrast, in many countries such as the United States and Ukraine, surrogacy is often commercial, allowing financial transactions between the involved parties. This commercial aspect provides more options for those seeking a surrogate mother but raises significant ethical concerns and fears of exploitation.
Altruistic vs. Commercial Surrogacy
In Greece, the altruistic nature of surrogacy is the cornerstone of its legal regulation. This ensures that the surrogate mother is motivated by the desire to help a couple or individual, rather than financial gain. On the other hand, in countries like the United States, surrogacy can cost tens or even hundreds of thousands of dollars, making the process accessible primarily to affluent individuals or couples.
In some countries where commercial surrogacy has flourished, cases of exploitation of financially vulnerable women have emerged. These women, often in desperate situations, agree to become surrogate mothers for monetary compensation, raising serious ethical concerns. In Greece, such exploitation is mitigated by laws that explicitly prohibit the commercialization of surrogacy.
Judicial Oversight and Responsibilities of Involved Parties
The surrogacy process in Greece is highly regulated, with every case requiring approval by a competent court. This judicial oversight ensures
transparency and the protection of all parties involved, including the child to be born. Prospective parents must demonstrate that they are unable to conceive through other means, while the surrogate undergoes strict medical and psychological evaluations.
Abroad, judicial oversight varies widely. In the United States, for example, the legal framework differs from state to state. Some states allow both altruistic and commercial surrogacy, while others ban it entirely. The absence of a unified legal framework can lead to legal gaps and disputes between the parties.
Societal Perceptions
In Greece, surrogacy is increasingly accepted socially, largely due to the clear legal framework surrounding it. Despite initial objections from certain societal groups, most Greeks view it as an act of solidarity and humanity. In contrast, in countries like Japan and Germany, surrogacy is met with skepticism or outright rejection by law. Cultural and religious beliefs play a significant role in shaping these views, with many societies considering surrogacy contrary to the natural order of life.
Protection of the Child & Rights
Another crucial aspect differentiating surrogacy in Greece from other countries is the protection of the child’s rights. In Greece, a child born through surrogacy is automatically recognized as the offspring of the intending parents, with no legal involvement of the surrogate mother. This arrangement prevents potential conflicts or claims between the parties. Abroad, however, the situation is more complex. In countries with insufficient legal frameworks, the child may face a legal limbo, with unclear parental status. In some cases, the surrogate mother retains the right to claim the child, creating intricate legal and ethical challenges.
Conclusion
Surrogacy is a sensitive and complex issue influenced by legal, ethical, and societal factors. Greece has established one of the most advanced legal frameworks globally, promoting solidarity and avoiding the commercialization of the process. However, abroad, there is significant diversity, with countries permitting commercial surrogacy often at the center of ethical and legal debates.
As technology and societal perceptions evolve, it is essential to ensure the protection of all involved parties, with a focus on the child’s right to grow up in a secure and stable environment. Greece's experience can serve as a model for other countries wishing to establish clear and fair rules for surrogacy, respecting human dignity and the rights of all.
At Karpouzis-Lianou & Associates Law Firm, we specialize in surrogacy- related legal matters, providing comprehensive support—from obtaining judicial approval to ensuring the rights of all involved parties are safeguarded. Guided by integrity, sensitivity, and transparency, we stand by your side to facilitate the process with full compliance with the legal framework.
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