The Greek legal framework for Altruistic Gestational Surrogacy is very tolerant. All other forms of Surrogacy in Greece are prohibited.
Traditional, Commercial and Social Surrogacy are explicitly prohibited by the Law. Gay Surrogacy is implicitly prohibited in a country where civil unions between same-sex couples are NOT recognized by the law.
Greek legislation supports Intended Parents to grasp their dream of having a baby in using an Egg Donor or Sperm Donor. Surrogacy is allowed for married couples or single women and men who are residents of Greece. Legal permission MUST be granted from the courts.
The court will ONLY issue the consent to a Surrogacy agreement under the following conditions:
1- The commissioning mother should prove that she is unable to carry the child to term.
2- The commissioning mother should not exceed the age of fifty (50).6
3- The surrogate mother should prove to the court that she is medically and mentally fit.
4- The parties should submit their written agreement to the court.
5- The agreement could allow for compensation of expenses. The payment for services any kind of financial benefit is strictly prohibited.
6- In case that the surrogate mother is married, her husband should also consent in writing by signing the written agreement.
7- The fertilized ova should not belong to the surrogate mother.
8- The surrogate mother and the commissioning parents should be Greek citizens or permanent residents.
How does Greek legislation define Surrogacy?
Article 1458. The transfer of a fertilized ova into the body of another woman (the ova should not be hers) and the pregnancy by her is allowed by a court authorization granted before the transfer, given that there is a written and, without any financial benefit, agreement between the persons wishing to have a child and the surrogate mother and in case that the latter is married of her spouse, as well. The court authorization is issued following an application of the woman who wants to have a child, provided that evidence is adduced not only in regard to the fact that she is medically unable to carry the pregnancy to term but also to the fact that the surrogate mother is in good health and is able to conceive.
Article 13. Surrogate Motherhood.
1- Surrogate motherhood is permitted only under the conditions of the art. 1458 of Greek Civil Code and art. 8 of Law 3089/2002.
2- The woman who is going to carry the child should be medically examined (according to art. 4)5 and should incur a thorough psychological evaluation.
3- Art. 4 §§2 and 3 are applied for the examination of the health of prospective parents.
4- The agreement for the surrogacy should be made without financial compensation. The following are not considered as financial compensation:
a. The payment for any expenses necessary for the artificial insemination procedure, the pregnancy, the delivery and the childbed.
b. The restitution for any damages incurred and lost wages by the surrogate because she left her work or she took an unpaid leave of absence during the periods (and because) of insemination, pregnancy, delivery and childbed. The amount of the expenses covered is going to be regulated by the National Independent Authority for Medically Assisted Reproduction.
For those who DO NOT follow the above Articles of Legislation:
Article 26. Criminal Sanctions.
1- 8. Whoever participates in a surrogacy procedure where the requirements of art. 1458 of Greek Civil Law, art. 8 of Law 3089/2002 and art. 13 of this law, are not met, is liable to imprisonment for a term at least of two (2) years and a fine of at least €1.500. The same sanction applies to:
- whoever publicly, with the circulation of documents, images or representations, introduces, draws attention to or advertise (even covertly), the procuration of a child through a surrogate mother
- or he/she provides professional services as a middleman for any kind of financial consideration
- or he/she offers, in the same way, his/her services or the services of another for the attainment of this goal.
It should be noted that the Greek Government has since given provisions to the financial benefits of Surrogacy by emphasizing that financial benefit is prohibited but allows for a reasonable “compensation” of the Surrogate Mother.
The Surrogate Mother must submit to extensive medical examinations and be clinically approved to carry such pregnancy and the terms of being a Surrogate Mother.