A Legal Guide to Surrogacy in Greece for German Couples

Contrary to Germany, surrogacy is legal and explicitly ruled in Greece. In articles 1455 – 1465 of the Greek civil code, the rules surrounding surrogacy, as well as the procedures and requirements, are laid down. Surrogacy in Greece is considered an altruistic act, meaning, it is not allowed to pay for the service.  Furthermore, there must be a court ruling beforehand to be able to have surrogacy performed. In addition, in Greece, surrogacy is only permitted when the intended mother can prove that she is unable to gestate and give birth.

It is to be noted that under Greek law, only heterosexual couples, as well as single women, are allowed to use the service of surrogacy in Greece. Same-sex couples, as well as single men, are excluded. Also, the intended mother is not allowed to be more than 50 years of age. The fertilized oocyte cannot be from the surrogate. The donor must be between 25 and 45 years old. She must also demonstrate that she has good medical and physical health and that she is able to give birth. If she is married, her husband must declare his consent to the surrogacy. However, it is not advisable to choose a married woman as a surrogate because that leads to complications with the later adoption process. 

The most frequently used procedure here is “in vitro fertilization and implantation of fertilized eggs”. In this method, the embryo is created in the laboratory by means of in vitro fertilization and the fertilized eggs are then inserted into the surrogate mother. It is important to note that the eggs used must be foreign. In other words, the eggs of the surrogate mother herself must not be used. It is, therefore, possible to use the eggs of the intended mother.

If the intended mother does not have any eggs capable of reproduction or if it is too risky from a medical point of view to remove the eggs and then use them, egg donation can be used. The donor alone decides whether the egg donation is anonymous or not. If the donor agrees, the child can receive information about the donor after the age of 18. In the case of an anonymous donation, the identity of the donor is not revealed to anyone.

It is prohibited to compensate the surrogate mother. However, it is possible to regulate a reimbursement in the above-mentioned court ruling that reimburses the surrogate mother for legal, medical, and psychological expenses arising during pregnancy. Regarding this aspect, Greek law is narrow. An aberration from the law can be sanctioned and put the whole surrogacy procedure in jeopardy.

Through the court ruling the intended parents can be acknowledged as legal guardians from the moment of birth. The hospital follows the standard procedure, always stating that it has been a surrogacy. Then, the intended parents have a period of 10 days to register the newborn at the Civil Registry, where they must also register a copy of the judicial resolution obtained prior to the process.

Legal guardianship needs to be recognised not only in the country where the surrogacy took place but also in the country where the family intends to live, which is, in this case, Germany. However, German law does not acknowledge the Greek legal guardianship established due to surrogacy. Therefore, the intended mother will have to adopt the child legally in Germany. As explained in our article about surrogacy in Germany, this is done the easiest when the intended father has already been registered as the legal guardian before birth. This is also an essential requirement to get German nationality and preliminary travelling documents for the child to be able to return to Germany. In Germany, the intended mother can achieve legal guardianship by adopting the child as a stepchild. 

Even though the journey to parenthood is an exciting one, it can represent some emotional and legal hurdles at the same time. This is why it is even more critical to have skilled and empathetic legal support on your side during this journey. The attorneys from Schlun & Rechtsanwälte accompany you on this path with the necessary planning and realisation of the surrogacy in Greece so that you can fully concentrate on becoming parents.