A recent decision of the Athens Multi-Member Court of First Instance, by which our application was granted, confirms that the surrogacy procedure in Greece remains accessible also to foreign couples, provided that the legal conditions set by Greek law are fulfilled. This decision, issued under the prism of the new provisions of Law 5197/2025, constitutes important jurisprudential guidance for the implementation of medically assisted reproduction through surrogacy.
The Legal Framework of Surrogacy
Surrogacy in Greece is regulated by a complex legislative framework including Articles 1455, 1456, 1458 of the Greek Civil Code, as well as the special provisions of Law 3305/2005 and Law 3089/2002. Recently, Law 5197/2025 introduced important amendments to the institutional regime, while preserving the fundamental principles governing this method of assisted reproduction.
As the Court points out, surrogacy constitutes a method of artificial reproduction under which a woman carries and gives birth, following in vitro fertilisation and transfer of fertilised ova that are not genetically related to her, on behalf of another woman who wishes to have a child but is medically unable to conceive and gestate herself.
The Right to Reproduction as a Constitutionally Protected Right
A central element of the Court’s legal reasoning is the recognition of the right to reproduction as constitutionally protected, constituting a specific manifestation of the right to free development of personality under Article 5 paragraph 1 of the Greek Constitution. This general right provides the possibility of self-determination and self-disposal of the individual through the freedom to plan and shape one’s life according to one’s physical and psychosomatic capacities and personal perceptions. There is no doubt that this completes the personality in this sense also through the acquisition of offspring.
The Substantive Conditions for the Granting of Surrogacy Authorisation
The Court analyses in detail the conditions that must be met in order to grant judicial authorisation for surrogacy. Firstly, the applicant woman who wishes to have a child but is medically unable to gestate must not have exceeded the age of natural reproductive capacity. According to Article 4 paragraph 1 subparagraph b of Law 3305/2005, this is generally set at the fiftieth year of age.
However, an important development is the possibility provided by Law 4812/2021, according to which, for a period of two years from its publication, by decision of the Minister of Health, following a reasoned concurring opinion of the Hellenic Authority of Medically Assisted Reproduction, the age limit for assisted reproduction in case the assisted person is a woman may be increased by two years, i.e. up to the fifty-second year of age. With Law 4958/2022, this limit was further extended, completing and exceeding the fifty-fourth year of age.
Medical and Psychological Examinations
A necessary requirement is the performance of medical examinations for the applicant and her partner, as well as for the intended carrier, concerning HIV1, HIV2, hepatitis B and C, and syphilis.
It is important that the Court highlights the need for psychological assessment of the applicant and her partner, in order to ascertain their suitability for assuming parental role, as well as psychological assessment of the woman who is to gestate, in order to ascertain her capacity to undertake this responsibility.
The Prohibition of Consideration
A fundamental principle of Greek law is the prohibition of any financial consideration within the context of a surrogacy agreement. The agreement for gestation by the surrogate woman is concluded in writing and without any consideration. The payment of the expenses required for achieving pregnancy, gestation, childbirth and puerperium and the compensation for any positive loss suffered by the surrogate due to absence from work and wages lost due to absence for the purpose of achieving pregnancy, gestation, childbirth and puerperium, does not constitute consideration.
The written agreement is therefore concluded between the persons who seek to have a child, the woman who will gestate and her husband, if applicable.
The Requirement of Residence in Greece
A crucial condition for the application of the provisions on surrogacy is residence in Greece. According to Article 8 of Law 3089/2002, as replaced by Article 17 of Law 4272/2014 and recently by Article 46 of Law 5197/2025, the above apply only when the applicant and the woman who will gestate reside in Greece.
In the examined decision, the Court finds that this condition is fulfilled, since both the applicant and the intended carrier reside in Athens, which is confirmed by the documents submitted to the Court.
The Court Procedure
The application for surrogacy authorisation is brought before the Multi-Member Court of First Instance under voluntary jurisdiction. A necessary requirement is the observance of the act prescribed by the combined provisions of Articles 748 paragraph 2 and 799 of the Greek Code of Civil Procedure, with written and timely issuance of a true copy of the application with a hearing date and summons to appear at the hearing addressed to the competent Public Prosecutor.
The Court examines in detail all documents and elements submitted, including medical certificates, psychological evaluations and the written agreement among the parties involved. The principle of free assessment of evidence governing voluntary jurisdiction allows the Court to take into account all relationships and circumstances, without the necessary submission of specific judicial evidence-instruments.
The Significance of the Decision for Foreign Couples
The examined decision confirms that Greek legislation on surrogacy does not distinguish between Greek and foreign citizens, provided that the legal requirements are met. The crucial requirement is residence in Greece of both the applicant and the intended carrier, as well as compliance with all substantive and procedural conditions set by law.
The Court, having examined all elements of the case and having found the fulfilment of the statutory requirements, granted the authorisation for the transfer into the body of the surrogate of in vitro fertilised ova, not genetically related to the surrogate, either of the applicant or an unknown third-party donor with the genetic material of the applicant’s partner or a third-party donor, where medical reasons impose this, in order for the surrogate to gestate the child which the applicant and her partner wish to have.
Conclusions
Recent case law confirms that Greece maintains a modern and functional legislative framework for surrogacy, which is accessible also to foreign citizens who have established residence in the country. The new provisions of Law 5197/2025 preserve the fundamental principles of the institution, while at the same time ensuring protection of all involved through strict judicial supervision.
The procedure remains strictly regulated, aiming at protecting the best interests of the future child, ensuring the health and psychological balance of all persons involved, and preventing any form of commercialisation of reproduction. The prohibition of consideration and the requirement of a written agreement without economic consideration are fundamental guarantees of the system.
For couples from abroad who wish to resort to surrogacy in Greece, residence in the country and full compliance with all legal, medical and procedural requirements set by Greek law is necessary. Judicial authorisation remains a prerequisite for commencing the process, thus ensuring legality and transparency at every stage.
FAQ
Question 1 — Can foreign couples pursue surrogacy in Greece?
Answer — Yes, provided that they reside in Greece and fulfil all legal requirements.
Question 2 — Is a court authorisation required before embryo transfer?
Answer — Yes. Judicial authorisation is a mandatory prerequisite before any transfer of fertilised ova.
Question 3 — Is there an age limit for the applicant woman?
Answer — Yes. Generally up to 50, with the possibility of increase to 52 (Law 4812/2021) and subsequently to 54 (Law 4958/2022).
Question 4 — Is any financial consideration to the surrogate allowed?
Answer — No. Only actual expenses and compensation for positive loss (such as loss of income) are allowed.
Question 5 — Is nationality sufficient or is residence required?
Answer — Residence in Greece is required for both the applicant and the surrogate (Article 8 Law 3089/2002, as applicable).
Question 6 — Are psychological evaluations required?
Answer — Yes, for the applicant, her partner and the surrogate.
Question 7 — What is the significance of the recent decision?
Answer — It confirms that access to surrogacy remains legally available for foreign couples who reside in Greece, provided that legal requirements are met.
For those considering surrogacy in Greece and needing careful legal guidance, our law firm can provide precise orientation on the legal framework, the requirements and the sequence of procedural and medical steps required under Greek law. We treat each case with the seriousness and discretion it deserves, always in alignment with the statutory restrictions and the protective rationale of the legislation.
You may contact us for professional support and structured legal representation throughout the entire process — from preparation of the file and coordination with clinics, to court authorisation and onwards — with a clear focus on legality, transparency and safeguarding the interests of all parties involved.
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