17 Dec The Legal Framework for Surrogacy in Greece
Under Articles 2(1)(b), 3(8-9), 4, and 13 of Law 3305/2005 and Article 1458 of the Greek Civil Code, surrogacy is defined as a medically assisted reproduction method. Through this method, a woman (the surrogate) carries and gives birth to a child conceived via in vitro fertilization with fertilized eggs that are not her own, on behalf of another woman who wishes to have a child but cannot carry a pregnancy due to medical reasons. The right to reproduction is constitutionally protected as a specific aspect of the right to free personal development (Article 5(1) of the Greek Constitution).
This general right allows individuals to exercise self-determination and autonomy, planning and shaping their lives according to their physical and psychological capacities and beliefs. There is no doubt that the pursuit of parenthood contributes to personal development in this sense. The transfer of fertilized eggs to the surrogate's uterus requires judicial authorization, which must be granted before the transfer, following an examination of specific prerequisites.
The intended mother, who wishes to conceive but is medically unable to do so, must not exceed the age of natural reproductive capacity, generally set at 54 years. The surrogate must also be deemed medically fit for pregnancy. Both the surrogate and the intended parents must undergo medical testing for HIV, hepatitis B and C, and syphilis (RPR). Additionally, the surrogate undergoes thorough psychological evaluation. The court requires an agreement between the intended parents and the surrogate, as well as the surrogate's husband, if she is married. This agreement must confirm not only their mutual consent for the procedure but also that the fertilized eggs implanted in the
surrogate’s uterus do not belong to her. The agreement must be in writing and made without any monetary consideration, except for the expenses necessary for achieving the pregnancy, childbirth, and postnatal recovery, compensation for any financial loss due to absence from work, and wages lost due to the pregnancy and childbirth process.
Article 1464 for Surrogacy
According to Article 1464 of the Greek Civil Code, in cases of artificial reproduction, if the pregnancy is carried by another woman under the conditions of Article 1458, the intended mother (to whom the judicial authorization was granted) is presumed to be the child’s mother. This presumption can be contested through a maternity dispute within six months from the child's birth. Furthermore, Article 799 of the Greek Code of Civil Procedure, as amended by Article 1, Paragraph 6(2) of Law 4335/2015, stipulates that the competent court for granting
authorization for posthumous artificial reproduction or surrogacy is the multi-member court of first instance where the applicant or the surrogate resides. According to Article 8 of Law 3089/2002, as amended by Article 17 of Law 4272/2014, Articles 1458 and 1464 of the Civil Code apply only if the applicant or the surrogate resides or has temporary residence in Greece.
Article 8 of Law 3089/2002
The amendment to Article 8 of Law 3089/2002 significantly broadened the scope of medically assisted reproduction to include women residing permanently outside Greece. Previously, both the applicant and the surrogate were required to reside in Greece to use surrogacy services. This restriction aimed to limit "reproductive tourism" and ensure that only women residing in Greece benefited from surrogacy laws. However, under the new provisions, it is sufficient for either the applicant or the surrogate to have either permanent residence or temporary residence in Greece.
Surrogacy is an intricate and profoundly important process that intertwines legal, medical, and human factors. Proper legal guidance and the assurance that each step is carried out with precision and respect for all parties involved are crucial. At Karpouzis-Lianou & Associates Law Firm, we stand by your side at every stage, offering responsibility and expertise to ensure a smooth and secure process. We provide the reassurance and peace of mind you need during such a personal and significant journey.
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