Surrogacy Law

surrogacy law the best surrogacy lawyers in Greece
At Economou & Economou Law Office in Athens, Greece, we are proud to be recognized as the leading experts in surrogacy law in the country. With extensive experience in IVF and fertility law, our firm is dedicated to guiding our clients through the complexities of surrogacy and assisted reproduction with precision, care, and unparalleled legal expertise. Greece’s legal framework for surrogacy is among the most progressive globally, making it a preferred destination for those considering surrogacy.

Surrogacy in Greece: Legal Framework and Key Provisions

Surrogacy Contracts in Greece

Greece is one of the few countries with a robust and enforceable legal framework for surrogacy. The legal basis for surrogacy is grounded in Article 1458 of the Greek Civil Code, which, together with Law 3089/2002 and Law 3305/2005, outlines the regulations for altruistic gestational surrogacy. Traditional and commercial surrogacy, however, are explicitly prohibited.

Validity and Enforcement of Surrogacy Contracts

Under Greek law, surrogacy contracts are legally binding and enforceable. The process requires a written agreement between the intended parents (IPs), the surrogate, and, if applicable, her husband or civil partner. This agreement must be executed before the surrogate is impregnated and must include informed consent from all parties, judicial pre-authorization, and clear evidence of the altruistic nature of the arrangement, with no financial gain involved.

Surrogate’s Compensation

While the law prohibits payments beyond the surrogate’s reasonable expenses, it does allow for the reimbursement of specific costs related to the surrogacy. These include medical expenses, legal fees, and compensation for lost wages due to the surrogate’s pregnancy-related absence from work. The National Independent Authority for Medically Assisted Reproduction currently caps these expenses at €10,000.

Practical Steps and Legal Considerations

Judicial Authorization and Agreement Approval

Before the surrogacy process can commence, the surrogacy agreement must be approved by a Greek court. The judge ensures compliance with domestic law, verifies the altruistic nature of the agreement, and confirms that all parties have given informed consent. The intended mother must provide medical proof of her inability to conceive, and both the surrogate and IPs undergo medical and psychological evaluations.

Birth Certificate and Parental Rights

Upon the birth of the child, Greek law recognizes the IPs as the legal parents, with no need for further legal proceedings such as adoption. The child’s birth certificate will list only the IPs as parents, ensuring that parental rights are fully transferred from the moment of birth.

Surrogate’s Rights and Potential Disputes

In Greece, the surrogate cannot change her mind and retain custody of the child, except in cases where the child is genetically related to her, which is prohibited by law. If a dispute arises, the court-approved surrogacy agreement provides a legal safeguard for the IPs.

Citizenship and Residency Requirements

The citizenship of the child is based on the citizenship of the IPs, not on the place of birth. Greek law does not automatically grant Greek citizenship to the child unless one of the IPs is a Greek citizen. Additionally, recent legal reforms have eliminated the requirement for the surrogate or IPs to permanently reside in Greece, allowing for more flexibility in surrogacy arrangements.

Eligibility for Single and Same-Sex Couples

While Greek law traditionally allows surrogacy for married heterosexual couples, civil partners, and single women, recent court rulings have opened the possibility for single men under certain circumstances. However, legally authorized surrogacy is not currently available to same-sex couples, although future legal reforms may address this.

Genetic Link Requirements

Greek law does not require a genetic link between the child and the IPs, and donor anonymity is protected, with only medical information accessible.

At Economou & Economou Law Office, located in the heart of Athens, Greece, we pride ourselves on being the leading experts in surrogacy law throughout the country. Our legal team possesses extensive experience and a deep understanding of the complexities surrounding surrogacy, IVF, and fertility law in Greece. We have successfully guided numerous clients through the intricate legal processes involved in assisted reproduction, ensuring that their rights are protected and their needs are met with the utmost professionalism and care.

Our unparalleled expertise in this specialized area of law, coupled with our commitment to providing personalized legal solutions, has established us as the go-to law firm for surrogacy and fertility-related matters in Greece. Whether you are considering surrogacy, need assistance with IVF legalities, or require comprehensive advice on fertility law, Economou & Economou law office is here to support you in every step of the way.

At Economou & Economou law office, as the best surrogacy lawyers in Greece, we understand the sensitive nature of these cases and offer our clients compassionate, yet firm legal representation. Trust us to handle your case with the highest level of integrity and dedication, ensuring a smooth and successful outcome. Contact us today via email at: econlaw@live.com, via tel at: (+30)2103603824 or fill the contact form http://econlaw.gr/contact, to benefit from our vast experience and expertise in surrogacy and fertility law in Greece.

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