For several years, Greece was one of the few European countries offering intended parents a legally regulated route to parenthood through surrogacy, supported by court oversight and a clear procedural framework. As of May 2025, this has changed. A new amendment to Greek law now requires both the intended mother and the surrogate mother to hold legal residence in Greece before a court will approve a surrogacy arrangement. For German couples without existing Greek residence, this means Greece is no longer an accessible option.
As already explained in our article “Surrogacy in Germany“, German law treats the recognition of a child born through surrogacy the same way regardless of which country the surrogacy took place in. This guide explains what changed in Greece, what it means for anyone with a case already underway, and how parental recognition works once a family returns to Germany.
At Schlun & Elseven Rechtsanwälte, our German family lawyers advise intended parents on parental recognition, adoption, citizenship, and entry documentation once a family returns to Germany. As we are not Greek lawyers, we do not advise on Greek court proceedings themselves, but we recommend seeking current legal advice before entering into any agreement.
The 2025 Change to Greek Surrogacy Law
In May 2025, Article 46 of Law 5197/2025 amended the framework governing medically assisted reproduction and surrogacy in Greece. Under the new rule, a Greek court will only approve a surrogacy arrangement if both the intended mother and the surrogate are legal residents of Greece. For international intended parents, including German couples, this closes off the route that had previously allowed foreign applicants to obtain court approval in Greece. The amendment also provides that judicial authorization takes effect only once the court decision becomes final and is no longer subject to appeal, adding a further procedural step to any case that proceeds.
Why the Law Changed
Greek courts had routinely approved surrogacy arrangements for foreign applicants since around 2014, and a growing number of clinics and agencies began working with international clients, in some cases without those clients fully understanding the legal requirements involved. In 2023, a clinic in Crete became the subject of an investigation into allegations of human trafficking and breaches of surrogacy law, with concerns raised about the regulatory body overseeing IVF treatment in Greece. Since carrying a pregnancy as a surrogate was not widely accepted within Greek society, some clinics had reportedly been bringing in foreign women to act as surrogates instead. Lawmakers responded by restricting the framework to reduce the risk of exploitation.
What This Means for Pending Applications
The new law includes a transitional provision.
- If a case had already been heard in court before the change took effect, even where a final decision had not yet been issued, it remains subject to the previous rules.
- If an application had only been filed, with a court date still pending, it now falls under the new residence requirement.
This has left some applicants who filed in good faith excluded under the new rule, and legal advocates in Greece are seeking exemptions for applications lodged before the amendment but not yet heard. Anyone with a pending application in Greece should seek current legal advice on their specific case, since exactly where a case falls under the transitional rule can be decisive.
The Greek Legal Framework, in Brief
For context, the underlying framework is set out in Articles 1455 to 1465 of the Greek civil code, and continues to apply to those who meet the residence requirement. Surrogacy in Greece is treated as an altruistic act, meaning direct payment to the surrogate is prohibited, though the court ruling can provide for reimbursement of medical, legal, and psychological expenses. A court ruling is required before any arrangement may proceed, and it is only available where the intended mother can demonstrate that she is medically unable to carry a pregnancy herself. Greek law has also always restricted eligibility to heterosexual couples and single women, with age limits on both the intended mother and the surrogate; this has not changed in 2025 and was never dependent on nationality.
Parental Recognition Under German Law
Legal guardianship established in Greece does not automatically transfer to Germany. German law does not recognize the guardianship arising from a Greek surrogacy arrangement, regardless of the Greek court ruling. As a result, the intended mother is required to formally adopt the child under German law, typically as a stepchild adoption, once the family returns.
The process is generally more straightforward where the intended father has already been established as the child’s legal father before birth, since this also supports the child obtaining German citizenship and the travel documents needed to enter Germany. This requirement exists independently of the 2025 change in Greek law and applies to surrogacy arrangements completed in any country, not only Greece.
Where This Leaves German Intended Parents
For German couples without existing residence in Greece, Greece can no longer be treated as a viable surrogacy destination. It joins a growing list of jurisdictions that have closed off surrogacy to foreign applicants over the past decade, including Thailand, India, Cambodia, the state of Tabasco in Mexico, and Nepal.
Anyone with a case already underway in Greece should establish, as a matter of priority, which side of the transitional rule their application falls on. Anyone still exploring options should treat Greece as closed unless they already hold legal residence there. Through our network of independent law firms in other jurisdictions, we can also help put intended parents in touch with a suitably qualified lawyer elsewhere, where this is useful.
Our German family lawyers at Schlun & Elseven advise intended parents on parental recognition and adoption once a family returns to Germany, and on citizenship and entry documentation for the child. Please contact us to discuss your circumstances.
Practice Group: German Family Law
Practice Group: German Family Law
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