Surrogacy in Greece
Surrogacy in Greece is a legally regulated process under a well-defined legal framework that ensures the protection of all parties involved—especially the surrogate mother and the commissioning parents. The key legal foundations governing surrogacy are Article 1458 of the Greek Civil Code and two pivotal laws: Law 3089/2002 and Law 3305/2005, with recent amendments through Law 4272/2014. These laws together provide comprehensive regulation and enforcement mechanisms, making Greece one of the few countries in the European Union where surrogacy is explicitly allowed and protected.
Legal Framework for Surrogacy in Greece
Article 1458 of the Greek Civil Code (introduced by Law 3089/2002)
This article is the cornerstone of surrogacy law in Greece. It permits the transfer of fertilized ova into the body of a surrogate mother, as long as the ova do not belong to her. Importantly, the law mandates that surrogacy arrangements can only occur after a judicial decision, which must be obtained before the embryo transfer. The judicial process ensures that:
1. Written Agreement: There must be a written, non-commercial agreement between the commissioning parents (those wishing to have a child) and the surrogate mother. No financial benefit can be exchanged, apart from reasonable compensation for specific expenses incurred during the surrogacy process.
2. Health of Surrogate and Commissioning Mother: The law also requires that both the surrogate and the commissioning mother undergo medical evaluations. The commissioning mother must prove that she is medically unable to carry the pregnancy to term, and the surrogate must demonstrate that she is in good health and able to conceive and deliver the child.
3. Spousal Consent: If the surrogate mother is married, her spouse’s written consent is also required, ensuring that all parties involved are aware and agree to the arrangement.
4. Judicial Authorization: The judicial authorization is central to the legal process. It ensures that all legal requirements are met before the embryo transfer takes place. The authorization is granted following an application by the commissioning mother and is based on medical evidence proving her inability to carry a child and the surrogate’s fitness for the role.
Law 3305/2005: “Enforcement of Medically Assisted Reproduction”
Law 3305/2005 further develops the regulatory framework for medically assisted reproduction, including surrogacy. The law provides crucial guidelines for the health and psychological evaluation of both the surrogate mother and the commissioning parents, reinforcing the safeguards already established under Article 1458.
Key provisions of this law include:
– Medical Examination: The surrogate mother must undergo extensive medical testing, including screenings for HIV-1, HIV-2, Hepatitis B, Hepatitis C, and syphilis. If either the surrogate or the commissioning parents are HIV-positive, additional authorization from the National Independent Authority for Medically Assisted Reproduction is required before proceeding.
– Psychological Evaluation: The surrogate mother must also undergo a psychological evaluation to assess her mental readiness for the surrogacy process, ensuring that she is emotionally prepared for the pregnancy and the relinquishment of the child.
– Financial Compensation: While financial compensation for surrogacy is prohibited, the law allows for the reimbursement of expenses directly related to the surrogacy process. These include costs associated with medical procedures, pregnancy, delivery, and any lost wages the surrogate might incur if she has to take unpaid leave from work. Compensation for other damages incurred during the surrogacy process is also allowed, but under strict conditions to avoid commercial exploitation.
Criminal Sanctions and Penalties
Law 3305/2005 imposes severe penalties for non-compliance with the legal framework governing surrogacy. Article 26 §8 introduces criminal sanctions for those who engage in surrogacy without meeting the prescribed conditions. Offenders face imprisonment for at least two years and a minimum fine of €1,500. These penalties apply not only to those directly involved in illegal surrogacy arrangements but also to those who advertise or promote surrogacy for financial gain or act as middlemen for commercial surrogacy transactions.
Additionally, penalties extend to professionals who facilitate illegal surrogacy or who provide services related to child procurement outside the lawful framework.
Recent Amendments – Law 4272/2014
The most significant recent amendment to Greece’s surrogacy laws came with Law 4272/2014. This law expanded the eligibility criteria for both commissioning parents and surrogate mothers. Previously, surrogacy was only available to Greek citizens or permanent residents of Greece. The 2014 amendment, however, extended the right to apply for surrogacy to those with temporary residence in Greece. This change has opened the door to international surrogacy arrangements, allowing foreign nationals to apply for surrogacy in Greece, provided they meet residency requirements.
This makes Greece unique within the European Union as the only country with a comprehensive, enforceable legal framework for surrogacy, offering legal certainty for both domestic and international surrogacy arrangements. Foreign commissioning parents can now seek surrogacy services in Greece with the confidence that their arrangements will be legally recognized, provided they comply with Greek law.
Judicial Process and Conditions for Surrogacy
To pursue surrogacy in Greece, prospective parents must navigate a judicial process to obtain authorization. The court will evaluate the following criteria before granting approval:
– Medical Inability to Carry a Child: The commissioning mother must provide medical evidence that she cannot carry a pregnancy to term.
– Age Restrictions: The commissioning mother must not be older than 50 years.
– Health of Surrogate: The surrogate must prove that she is physically and mentally capable of carrying the pregnancy.
– Written Agreement: The surrogacy arrangement must be clearly documented in a written agreement, which outlines the terms of the surrogacy and ensures that no commercial exploitation is involved.
– No Genetic Relation: The law mandates that the fertilized ova used for surrogacy cannot belong to the surrogate mother. However, it is possible for a third-party donor to provide the ova, which may result in a “three-mother” scenario involving the genetic mother, birth mother (surrogate), and social mother (commissioning mother).
Expert Legal Representation
Given the intricate and highly regulated nature of surrogacy law in Greece, it is essential to work with experienced legal professionals to navigate the process successfully. Economou & Economou Law Office, recognized as the best law firm in Greece by Lawzana, is a leading expert in surrogacy law. With years of experience in handling surrogacy cases, they offer fast, effective legal representation and provide tailored solutions to meet the specific needs of each client.
Economou & Economou law office has a proven track record of assisting both domestic and international clients in securing court authorizations for surrogacy, ensuring that all legal requirements are met, and guiding clients through every step of the process. Their deep understanding of Greek surrogacy laws makes them the top choice for anyone considering surrogacy in Greece.
To consult with our experts lawyers of Economou & Economou law office in Athens Greece, you may contact us via email at econlaw@live.com, call us at (+30) 2103603824, or fill out the contact form https://www.econlaw.gr/contact/.
