Surrogate Mother’s Rights

Surrogate Mother’s Rights

The decision of the Supervisory Council of the National Authority for Medically Assisted Reproduction, published in the Government Gazette (FEK B’ 5524/26.10.2022), sets out regulations regarding surrogacy. Specifically, the following requirements are established for surrogate mothers:

 

1) They must be aged between twenty-five (25) and fifty-four (54) years. For women aged 50 years and one day up to 54 years, a special permit from the National Authority for Medically Assisted Reproduction is required.

2) They must not have undergone more than two cesarean sections. Additionally, there are no time or quantitative restrictions regarding the number of embryos transfers a prospective surrogate may undergo, whether under the same or different court orders. Proof of residence, as required by Article 8 of Law 3089/2002, or proof of temporary residence of the applicant or the surrogate can be provided through any appropriate evidence, including a declaration of the interested party.

 

With respect to the expenses and compensations for the surrogate, the following apply:

1) Reimbursement of expenses: All necessary costs for achieving pregnancy, carrying the pregnancy to term, delivery, and postpartum care are reimbursed, provided these are not covered by the surrogate's insurance and a judicial permit has been granted. Reimbursement is based on receipts issued in compliance with tax regulations.

2) Compensation for work absence: A surrogate is entitled to compensation for time away from work that is necessary for the pregnancy, delivery, and postpartum recovery. If the surrogate is employed under a dependent labor relationship, this compensation applies only if wages or salaries were not paid during the leave period. For unemployed surrogates, the compensation covers the income they would have earned based on their professional qualifications. This compensation is capped at €10,000 and requires a judicial permit.

3) Physical strain compensation: Compensation of €10,000 is provided for single pregnancies, and €15,000 for multiple pregnancies, subject to a judicial permit. Individuals seeking to have a child via surrogacy may use Medically Assisted Reproduction Units to find a surrogate. Payment of expenses, including medical and pharmaceutical costs, reproductive assistance, doctor fees, and monitoring costs, can also be arranged through these units. Payments are made by the prospective parents to the doctors or Medically Assisted Reproduction Units representatives, based on receipts issued by them. Such receipts remain in the records of the doctors or Medically Assisted Reproduction Units and are disclosed only to competent tax, regulatory, or investigative authorities.

Lastly, the public advertisement of medically assisted reproduction services, including surrogacy, is permitted for doctors, related professionals, Medically Assisted Reproduction Units, and Cryopreservation Banks, provided the ethical guidelines under Article 24 of the National Authority's Code of Ethics are observed. The rights of surrogate mothers are safeguarded by a strict and detailed legal framework, ensuring fair compensation and support throughout the process. All necessary expenses related to pregnancy, delivery, and postpartum recovery are covered, along with compensation for physical strain and absence from work. Judicial authorization ensures transparency and legality in all procedures.

At Karpouzis-Lianou & Associates Law Firm, we possess specialized expertise in matters of surrogacy and medically assisted reproduction. We guide our clients through every stage of the process, starting with the application for judicial authorization, ensuring full compliance with the legal framework. Centered on the human element and individual needs, we deliver
practical solutions that protect the rights of both the surrogate and the intended parents.

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