For around a decade, surrogacy in Greece was one of the few regulated routes to parenthood in Europe open to intended parents from abroad, with a Greek court approving the arrangement before treatment began. That changed in May 2025. A Greek court may now authorize a surrogacy arrangement only where both the intended mother and the surrogate mother are resident in Greece. For couples and single women living in Germany, Greece is no longer a realistic option unless they genuinely live there.
Nor is surrogacy available in Germany itself, where arranging a surrogacy and performing the medical procedures it requires are both prohibited, as we explain on our page on surrogacy in Germany.
At Schlun & Elseven Rechtsanwälte, our family law team advises on the German side of surrogacy abroad: recognizing parenthood in Germany, stepchild adoption, and the child’s citizenship and entry to Germany. This includes families whose child was born through surrogacy in Greece before the law changed. Where a matter requires Greek-law expertise, such as court proceedings in Greece or agreements with Greek clinics and agencies, we work with an established partner law firm in Greece through our Greek Desk. Whether you live in Germany or abroad, we handle as much as possible remotely.
Is Surrogacy in Greece Still Possible for Intended Parents Living in Germany?
For most intended parents living in Germany, no. Since May 2025, a Greek court will authorize a surrogacy arrangement only if both the intended mother and the surrogate are resident in Greece. Before the change, a temporary stay in Greece was enough. That is what allowed foreign intended parents, and surrogates from outside Greece, to use the Greek system from 2014 onward.
| Rule | Before May 2025 | Since May 16, 2025 |
|---|---|---|
| Residence | A permanent or temporary stay in Greece by the intended parents or the surrogate was enough | Both the intended mother and the surrogate must have their main and permanent home in Greece |
| Inability to carry a pregnancy because of sex | Not expressly addressed | Expressly not a medical reason |
| Access for intended parents living in Germany | Possible with a stay in Greece | Effectively closed |
The requirement turns on where you live, not on your nationality. The rule applies equally to German nationals, to citizens of other EU countries, and to anyone living in Germany on a residence permit. Even Greek citizenship does not help if your home is in Germany. Because the surrogate must also be resident in Greece, intended parents can no longer arrange a surrogacy in Greece with a surrogate who lives elsewhere.
Some intended parents ask whether they could move to Greece to meet the requirement. This is realistic only where the move is genuine: Greek law looks at where a person has their main and permanent home, and a person can have only one such home at a time. Some agencies and clinics still advertise ways around the requirement. Giving false or misleading information about residence can put the Greek court authorization at risk and may carry penalties in Greece. It can also jeopardize later proceedings in Germany, such as stepchild adoption.
If you already live in Greece, or plan to move there permanently, the route remains open, subject to the medical, eligibility, and court requirements set out below. Have your circumstances checked against the residence requirement before you sign anything with a clinic or agency. We can involve our Greek partner firm to do this.
How Does Surrogacy Work in Greece?
Surrogacy in Greece requires a court to authorize the arrangement before treatment begins, under one of the most clearly regulated frameworks in Europe. For those who meet the residence requirement, the core rules are in the Greek Civil Code, mainly Articles 1458 and 1464, in Law 3089/2002, which sets the residence requirement, and in Law 3305/2005 on medically assisted reproduction.
Court Authorization Before Treatment
A surrogacy arrangement in Greece needs a court decision authorizing it before any embryo transfer. The intended mother applies to the court with a written agreement between the intended parents and the surrogate, which the surrogate’s husband must also sign if she is married. The court checks that the intended mother is medically unable to carry a pregnancy, that the surrogate is medically and psychologically suitable, that everyone involved has given informed consent, and that the arrangement is altruistic. Since 2025, the authorization takes effect only once the decision is final and can no longer be challenged, which adds time before treatment can begin.
Gestational and Altruistic Surrogacy Only
Greek law allows only gestational surrogacy, meaning the surrogate cannot use her own eggs. The embryo is created with the intended mother’s eggs or with donor eggs. Surrogacy must also be altruistic: the surrogate may not be paid for carrying the pregnancy. The court decision can provide for reimbursement of reasonable expenses linked to treatment, pregnancy, and birth, as well as compensation for lost earnings. Any payment beyond that, and any commercial brokering of surrogacy, is a criminal offense in Greece for everyone involved, including intermediaries. Because surrogacy in Greece is altruistic, the costs consist mainly of medical and legal fees and the surrogate’s reimbursed expenses, rather than a fee for the surrogate.
Who Is Eligible
Surrogacy in Greece is open to heterosexual couples, whether married or not, and to single women. The intended mother must show that she cannot carry a pregnancy for medical reasons, and age limits apply to both the intended mother and the surrogate. Male couples and single men are excluded. The 2025 reform made this explicit: being unable to carry a pregnancy because of one’s sex does not count as a medical reason. Our page on surrogacy for same-sex couples covers the options for these families and how German law treats them.
Parenthood at Birth Under Greek Law
Because the court authorizes the arrangement in advance, Greek law treats the intended mother as the child’s legal mother from birth, and the intended parents are named on the Greek birth certificate. The intended parents then register the birth with the local civil registry office within ten days, presenting the court authorization.
Already Have a Child Born Through Surrogacy in Greece?
Parenthood established under Greek law does not automatically carry over to Germany. The general rules on recognizing parenthood after surrogacy abroad are set out on our page on adoption after surrogacy abroad. For families whose child was born through surrogacy in Greece, a few points are specific to the Greek procedure.
The Greek Court Authorization and Recognition in Germany
German courts and authorities can recognize a foreign court decision establishing parenthood, provided at least one intended parent is genetically related to the child. A Greek surrogacy authorization is different from a California parentage judgment: it approves the arrangement before treatment begins rather than ruling on parenthood after the birth. Whether it can be recognized in Germany depends on the circumstances, and our family lawyers can assess this for your family.
Where it is not recognized, the intended mother usually becomes a legal parent through stepchild adoption once the intended father’s paternity is established.
Families Who Lived in Greece When the Child Was Born
The position can be different for families who genuinely lived in Greece when their child was born, for example because they later moved to Germany for work. Under German conflict-of-laws rules, the child’s parentage may then be governed by Greek law, so stepchild adoption may not be needed. Whether this applies depends on your family’s circumstances, and we can assess it with you.
If the Surrogate Is Married
Because Greek law requires a married surrogate’s husband to consent to the arrangement, this situation comes up often in Greek surrogacies. Where German law applies, it treats the husband of the woman who gave birth as the child’s legal father (Section 1592 No. 1 of the German Civil Code, Bürgerliches Gesetzbuch, BGB), regardless of genetics. The intended father then cannot simply acknowledge paternity, which makes both his position and the intended mother’s later adoption much harder to secure. Clarify this before you sign any agreement.
Citizenship and Entry to Germany
If the intended father is German and his paternity is legally established, the child generally acquires German citizenship by descent. The family can then apply for a German passport or provisional travel document at the German embassy or a consulate in Greece. Being born in Greece does not give the child Greek citizenship. If neither intended parent is German, the child therefore depends on the citizenship rules of the parents’ home country and will need a residence permit to live in Germany. Both routes, including the special rule for German parents born abroad, are explained on our surrogacy in Germany page.
In our experience, intended parents often underestimate how much depends on acknowledging paternity before the birth, and delays in obtaining the child’s citizenship documents and travel documents are a common result.
Applications Filed Before the 2025 Reform
The 2025 amendment, introduced by Law 5197/2025, includes a transitional rule for applications that a Greek court had already heard when it took effect on May 16, 2025. Applications that had only been filed by then fall under the new residence requirement. If you filed an application before the reform, contact us so that we can check, with our Greek partner firm, how the transitional rule applies to your case.
What Are the Alternatives to Surrogacy in Greece?
No other European country currently offers foreign intended parents a regulated route comparable to the one Greece offered before 2025. Intended parents considering surrogacy elsewhere, such as in California, other US states, or Ukraine, face different legal and practical risks in each jurisdiction. The German law questions stay the same wherever the child is born. Will there be a court decision on parenthood, or only a birth certificate? Is at least one intended parent genetically related to the child? Is the surrogate married?
Our family lawyers at Schlun & Elseven Rechtsanwälte advise intended parents on these questions before treatment begins and after the child is born. We advise in English, treat every matter confidentially, and explain any expected further costs at the outset. Through our international network of independent law firms, we can also put you in touch with qualified lawyers in other jurisdictions. Contact us to have your situation reviewed.
An Overview: Frequently Asked Questions about Surrogacy Law in Greece
In most cases, no. Since May 2025, a Greek court will authorize a surrogacy arrangement only if both the intended mother and the surrogate are resident in Greece. A temporary stay is no longer enough. The route remains open only to intended parents whose home is in Greece, so have any planned move checked before you sign an agreement.
Only if the move is genuine. Greek law requires both the intended mother and the surrogate to have their main and permanent home in Greece, and a stay arranged around the surrogacy does not qualify. Have any planned move checked before you sign an agreement.
She must be resident in Greece, be within the age limit, and provide medical evidence that she cannot carry a pregnancy herself. A court must authorize the arrangement before any embryo transfer.
No. Greek law allows only heterosexual couples and single women to use surrogacy. Male couples and single men are excluded, and the 2025 reform confirmed that being unable to carry a pregnancy because of one’s sex does not count as a medical reason.
Not automatically. If the intended father is German and his paternity is legally established, the child generally acquires German citizenship by descent. Because this depends on paternity being acknowledged, ideally before the birth, settle this early, well before you travel.
Usually, yes, where the family lived in Germany when the child was born. German law treats the woman who gave birth as the legal mother, so the intended mother generally becomes a legal parent through stepchild adoption. Families who genuinely lived in Greece at the time of the birth may be treated as the legal parents without adoption, depending on the circumstances.
Practice Group: German Family Law
Practice Group: German Family Law
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