Surrogacy in Greece is a special form of medically assisted reproduction, permitted only under strict legal and medical conditions. It is not a simple private agreement between the parties involved, but a procedure that requires prior court authorization, full documentation and absolute compliance with the applicable legal framework.
Greek law permits surrogacy when the woman wishing to have a child is unable to carry a pregnancy for medical reasons and when the woman who is to carry the pregnancy is medically suitable to do so. This procedure is of particular importance for women and couples facing serious medical obstacles to having a child, while at the same time requiring careful legal planning from the very first stage.
Law 5197/2025 introduced significant changes to the legal regime governing surrogacy in Greece. These changes concern, in particular, the residence of the applicant and the surrogate, the concept of medical inability to carry a pregnancy, and the time from which the court authorization becomes effective. For this reason, each case must now be examined with particular care, especially where there are international elements.
What Is Surrogacy?
Surrogacy is a method of medically assisted reproduction whereby one woman carries a child on behalf of another woman, who wishes to have a child but is unable to carry a pregnancy for medical reasons.
The procedure is carried out by transferring fertilized ova into the body of the woman who will carry the pregnancy. The fertilized ova must be unrelated to the surrogate. This means that the woman carrying the pregnancy cannot also be the egg donor.
This distinction is essential. Greek law permits gestational surrogacy, namely the case where the surrogate has no genetic relationship with the child. The procedure is based on court authorization, a written agreement between the parties and prior verification that all statutory requirements are met.
Court Authorization as a Fundamental Requirement
The transfer of fertilized ova into the body of the surrogate cannot lawfully take place without prior court authorization. This authorization is granted before embryo transfer, following an application by the woman who wishes to have a child.
The court examines whether the requirements of Article 1458 of the Greek Civil Code are met. In particular, it assesses whether the applicant is medically unable to carry a pregnancy, whether the surrogate is suitable to carry a pregnancy, whether there is a written agreement without consideration, and whether the fertilized ova do not belong to the surrogate.
Following Law 5197/2025, the court authorization becomes effective only once the court decision granting it becomes irrevocable. This change has practical significance, as it affects the timing of the procedure and requires closer coordination between the interested parties, the Medically Assisted Reproduction Unit and the legal adviser.
Court authorization is not a merely formal stage. It is the foundation of the legality of the procedure and is directly connected with the subsequent recognition of legal motherhood.
Who May Apply for Surrogacy Authorization?
The application for court authorization is submitted by the woman who wishes to have a child and proves that she is medically unable to carry a pregnancy.
The inability to carry a pregnancy must be medically documented. A general desire to have a child is not sufficient, nor is the choice of surrogacy for reasons of convenience, professional planning or personal preference. Under Greek law, surrogacy is linked to a genuine medical inability to carry a pregnancy.
Following the amendment of Article 1458 of the Greek Civil Code, the law now expressly provides that inability to carry a pregnancy due to sex does not constitute medical inability to carry a pregnancy. This provision narrows the scope of surrogacy and makes careful legal assessment of each case necessary before any step is taken.
Residence in Greece
One of the most significant changes introduced by Law 5197/2025 concerns the residence of the parties involved. Articles 1458 and 1464 of the Greek Civil Code now apply only where both the applicant and the surrogate have their residence in Greece.
This requirement is particularly important in cases with international elements. Before any medical or legal procedure is initiated, it must be examined whether the residence requirement in Greece is actually met, both in relation to the applicant and the surrogate.
This change substantially alters the previous framework and restricts the possibility of using the Greek surrogacy procedure for persons without a genuine residence connection with Greece. For this reason, cases involving foreign nationals or persons residing abroad require particular attention and individualized legal review.
The Written Agreement Between the Parties
For the granting of court authorization, a written agreement is required between the persons seeking to have a child and the woman who is to carry the pregnancy. If the surrogate is married, her husband must also participate in the agreement.
The agreement must be without consideration. Greek law does not permit commercial surrogacy. In other words, payment of remuneration to the surrogate in exchange for carrying the pregnancy is not allowed.
However, the law distinguishes prohibited remuneration from the coverage of certain expenses. The payment of necessary expenses for achieving the pregnancy, the pregnancy itself, childbirth and the postpartum period is not considered consideration, nor is compensation for actual loss suffered by the surrogate as a result of absence from work, in accordance with the specific provisions of the applicable framework.
The proper drafting of the agreement is of decisive importance. It must clearly reflect the consent of the parties, the nature of the procedure, the absence of consideration and the intention that the fertilized ova be unrelated to the surrogate.
Medical and Psychological Requirements
Surrogacy requires not only legal but also medical suitability. The woman who is to carry the pregnancy undergoes the prescribed medical examinations and a thorough psychological assessment.
At the same time, the health of the persons seeking to have a child is also reviewed. This assessment is connected with the safety of the procedure, the protection of the surrogate and the assurance that surrogacy is carried out within the institutional framework of medically assisted reproduction.
The medical and psychological documentation must be complete and properly included in the court file. Omissions, unclear medical opinions or an incorrect sequence of steps may create problems in the procedure.
Age Limit
In the context of medically assisted reproduction, where the assisted person is a woman, the age of natural reproductive capacity is deemed to be the 54th year, namely 54 years and 0 days.
For women over the age of 50 and up to this upper limit, authorization by the Greek National Authority for Medically Assisted Reproduction is required. This authorization does not replace the court authorization for surrogacy, but constitutes an additional requirement where the age issue arises.
In surrogacy cases, the age limit must be examined in good time, in order to avoid delays or procedural difficulties that may affect the progress of the case.
Legal Motherhood and Civil Registry Registration
One of the most important features of the Greek framework is that it regulates legal motherhood before the birth of the child.
Where the pregnancy is carried out under the conditions of Article 1458 of the Greek Civil Code, the mother of the child is presumed to be the woman to whom the relevant court authorization was granted, and not the woman who carried and gave birth to the child.
This rule is of decisive importance for family security and for avoiding future disputes. Proper compliance with the procedure directly affects the civil registry registration of the child and the establishment of kinship.
If the statutory requirements are not observed, serious issues may arise regarding motherhood and the legal status of the child. For this reason, surrogacy should not be treated in a fragmented manner, but as a unified procedure requiring coordination from the initial preparation through to the birth and final civil registry registration.
Common Practical Issues in the Procedure
In practice, surrogacy cases require careful management of numerous individual issues. The preparation of the file, the collection of medical and psychological reports, the drafting of the agreement, the verification of the residence of the parties involved, compliance with the age framework and coordination with the Medically Assisted Reproduction Unit must all be handled with precision.
Particular attention is required in cases involving foreign nationality, previous residence abroad, different family status of the parties, use of a donor, or the need for additional documents from another country. Each such element may affect the file and must be assessed before the application is filed.
Proper preparation reduces the risk of delays, omissions or disputes and allows the procedure to progress with greater legal certainty.
Frequently Asked Questions about Surrogacy in Greece
Is surrogacy legal in Greece?
Yes. Surrogacy is permitted in Greece, but only under strict conditions and always following prior court authorization. The procedure cannot lawfully take place solely on the basis of a private agreement between the parties or the simple consent of the surrogate.
When is court authorization required?
Court authorization is required before the transfer of fertilized ova into the body of the surrogate. Prior court authorization is a fundamental requirement for the legality of the procedure and for the subsequent recognition of legal motherhood.
Which woman may apply for surrogacy authorization?
Authorization may be requested by the woman who wishes to have a child and proves that she is medically unable to carry a pregnancy. This inability must be documented by medical evidence and must concern a genuine inability to carry a pregnancy.
Can surrogacy be used for reasons of personal choice?
No. Surrogacy is not provided as an alternative reproductive option for reasons of convenience, professional planning or personal preference. It requires medically proven inability to carry a pregnancy.
What changed with Law 5197/2025?
Law 5197/2025 clarified that inability to carry a pregnancy due to sex does not constitute medical inability to carry a pregnancy within the meaning of Article 1458 of the Greek Civil Code. It also provided that the court authorization becomes effective once the decision granting it becomes irrevocable, and that Articles 1458 and 1464 of the Greek Civil Code apply only where both the applicant and the surrogate have their residence in Greece.
Must the applicant and the surrogate reside in Greece?
Yes. Following the recent changes, both the applicant and the surrogate must have their residence in Greece in order for the provisions of Articles 1458 and 1464 of the Greek Civil Code to apply. This requirement is particularly critical in cases with international elements.
Can foreign nationals use surrogacy in Greece?
This possibility must be assessed on a case-by-case basis. Foreign nationality does not, in itself, exclude access to the procedure. However, following Law 5197/2025, the critical issue is the residence of both the applicant and the surrogate in Greece. Therefore, every case involving international elements requires prior legal review.
Can the surrogate also be the egg donor?
No. The fertilized ova transferred into the body of the surrogate must be unrelated to her. The surrogate cannot have a genetic relationship with the child within the framework of lawful surrogacy under Greek law.
Is payment to the surrogate permitted?
Commercial surrogacy is not permitted. The agreement must be without consideration. However, subject to the conditions laid down by law, the coverage of specific necessary expenses connected with the pregnancy, childbirth and the postpartum period is permitted, as is compensation for actual loss suffered by the surrogate.
Is a written agreement required?
Yes. A written agreement between the parties involved is essential. If the surrogate is married, the consent of her husband is also required. The agreement must clearly set out the consent of the parties and the absence of financial consideration.
Who is legally considered the mother of the child?
Provided that the lawful procedure has been followed, the mother of the child is presumed to be the woman to whom the court authorization was granted, and not the woman who carried and gave birth to the child. This rule is critical for civil registry registration and the security of kinship.
Is there an age limit for the applicant?
Yes. In the context of medically assisted reproduction, where the assisted person is a woman, the procedure may be applied up to the 54th year, namely 54 years and 0 days. For women from 50 years and 1 day up to 54 years and 0 days, authorization by the Greek National Authority for Medically Assisted Reproduction is required.
Does the authorization of the Greek National Authority for Medically Assisted Reproduction replace court authorization?
No. The authorization of the Greek National Authority for Medically Assisted Reproduction concerns the age requirement in the cases where it is necessary. It does not replace the court authorization for surrogacy, which remains necessary before embryo transfer.
What documents are required for the application?
The documents required depend on the facts of each case. They usually include medical reports confirming the inability to carry a pregnancy, evidence of the surrogate’s suitability, psychological assessments, the written agreement between the parties, civil status documents and evidence proving that the statutory requirements are met.
When should legal guidance be sought?
Legal guidance should be sought before any embryo transfer or binding action. The correct sequence of steps is critical, because court authorization must precede the medical act and the file must be complete at the time the application is submitted.
Why Specialized Legal Guidance Is Required
Surrogacy is one of the most sensitive areas of family law. It is connected with the wish to have a child, but also with serious legal consequences for the applicant, the surrogate, the spouse or partner, any donors of reproductive material where applicable, and above all the child to be born.
Specialized legal guidance is necessary to ensure that the procedure remains within the applicable legal framework. The role of the lawyer is not limited to filing the application before the court. It includes the initial assessment of the case, verification of the requirements, drafting of the necessary documents, cooperation with medical professionals and the overall protection of the parties involved until the procedure is completed.
Timely legal preparation is particularly important after Law 5197/2025, as the new requirements make careful review of each case necessary from the outset.
Surrogacy in Greece and International Cases
Greece continues to have an established legal framework for surrogacy, which has made it known to individuals and families seeking legal certainty in medically assisted reproduction procedures.
However, following the changes introduced in 2025, international cases must be examined with increased caution. The residence of both the applicant and the surrogate in Greece is now a central requirement. Therefore, before any medical or financial commitment is undertaken, a legal review of whether the specific case can fall within Greek law is essential.
Foreign nationality does not, by itself, amount to an inability to use the procedure. What must be examined is the totality of the facts, in particular residence, family status, documentation, medical evidence and the possibility of properly completing the civil registry and legal aspects of the procedure.
Legal Support by Karpouzis – Lianou & Associates Law Firm
Karpouzis – Lianou & Associates Law Firm has specialized experience in surrogacy and medically assisted reproduction cases, providing comprehensive legal support at every stage of the procedure.
Our firm undertakes the initial assessment of the case, the review of the legal requirements, the preparation of the complete court file, the drafting of the written agreement between the parties, cooperation with the competent Medically Assisted Reproduction Units and court representation for the granting of the required authorization.
With responsibility, discretion and absolute commitment to legal certainty, we stand by our clients in a procedure that is deeply personal, complex and demanding. Our aim is the proper preparation of each case, the avoidance of legal risks and the assurance that every step is taken with respect for the child, the family and all parties involved.
For specialized legal guidance on surrogacy in Greece, you may contact Karpouzis – Lianou & Associates Law Firm.
Conclusion
Surrogacy in Greece remains legal, but it is governed by strict and specific requirements. Prior court authorization, medically documented inability to carry a pregnancy, the suitability of the surrogate, a written agreement without consideration, the age framework and residence in Greece are critical elements for the legality of the procedure.
Following Law 5197/2025, the need for careful legal assessment is even greater. Each case must be examined on the basis of its particular facts before any medical act or binding step is taken.
This article is for informational purposes only and does not constitute legal advice. Each case requires individual assessment, based on the specific facts and the applicable legal framework. For specialized advice, please contact our firm.
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