Rights and Obligations of Parties Involved in Surrogacy in Greece

Rights and Obligations of Parties Involved in Surrogacy in Greece

Surrogacy is one of the most controversial and complex procedures in the field of medically assisted reproduction. It is inextricably linked to social, legal, and ethical parameters that define the rights and obligations of both the prospective parents and the woman assuming the role of the surrogate mother. In Greece, the legal framework is particularly strict and aims to ensure fairness and the protection of all parties involved, including the child to be born.

 

The Parties Involved and Their Roles

The main parties involved in surrogacy are as follows:

1. The prospective parents: Typically, this includes a couple or a single woman who, due to medical or other reasons, is unable to conceive naturally.

2. The surrogate mother: A woman who voluntarily agrees to carry the child.

3. The child to be born: The central focus of the process, protected under the legal and ethical framework.

4. The state and medical institutions: Responsible for ensuring transparency, legality, and the ethical foundation of the process.

 

Rights of the Parties Involved

1. Rights of Prospective Parents

The prospective parents, or the prospective parent in the case of a single individual, as the applicants for surrogacy, have the following
rights:

  • To choose the surrogate mother: In Greece, this selection is subject to strict criteria assessing the woman’s medical, psychological, and social suitability.
  • To determine the child’s future parental status: This decision is secured through legal procedures prior to the commencement of the pregnancy.
  • To legal protection: Court approval, as required by Greek law, ensures that the child is recognized as theirs.

 

2. Rights of the Surrogate Mother

The surrogate mother has fundamental rights that protect her from exploitation and mistreatment:

    • The right to voluntary participation: The process relies solely on her consent, with no financial exploitation, as commercial surrogacy is prohibited in Greece.
    • The right to health: Any medical procedure is conducted with respect for her health and under the supervision of specialized medical
      professionals.
    • The right to privacy: Her identity is safeguarded unless she explicitly consents otherwise.

 

3. Rights of the Child

The child born through surrogacy is afforded particular protection:

    • The right to identity: Legal procedures ensure that the child is immediately assigned to the prospective parents.
    • The right to health and well-being: The process must always prioritize the child’s best interests.

 

Obligations of the Parties Involved

1. Obligations of Prospective Parents

Prospective parents must:

    • Follow the legal procedures: The application for surrogacy must be approved by a court.
    • Ensure the well-being of the surrogate mother: Covering medical expenses and pregnancy-related costs is mandatory.
    • Acknowledge and assume custody of the child: The process is only complete when they fully commit to the child.

 

2. Obligations of the Surrogate Mother

The surrogate mother is responsible for:

    • Adhering to medical guidelines: A successful pregnancy depends on her responsible behavior.
    • Collaborating with the parents and medical professionals: Communication and transparency are crucial.
    • Transferring custody of the child to the prospective parents: After childbirth, the surrogate mother must transfer the child to the biological or legal parents, as stipulated by the court decision and the agreement made, ensuring the process is completed inaccordance with the legal and ethical framework.

3. Obligations of the State and Medical Institutions

The state and medical institutions are obligated to:

    • Ensure the legality of the process: Court approval is a prerequisite for surrogacy to proceed.
    • Protect the rights of all parties involved: Particularly the surrogate mother and the child.
    • Provide medical and psychological support: The process can be emotionally demanding for both sides.

Challenges and Prospects

Despite the strict legislation, challenges in surrogacy persist. Ethical concerns, potential conflicts of interest, and psychological impacts are issues that require ongoing attention. However, the Greek legal framework provides one of the most carefully structured systems worldwide, ensuring that the process is conducted with respect and balance. With the right guidance from experts, surrogacy can be a hopeful solution for families dreaming of having a child. The rights and obligations of the parties involved, as described under Greek law, guarantee justice, ethics, and humanity in the application of this complex process.

At Karpouzis-Lianou & Associates Law Firm, we possess the expertise and experience to guide our clients through this sensitive journey. With an emphasis on safety, transparency, and a human-focused approach, we provide comprehensive legal support, ensuring the process is completed with the highest standards of justice and ethics.

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