Surrogacy in Greece and Options for Couples in Germany

Surrogacy is a type of artificial insemination in which a woman (known as a surrogate mother) becomes pregnant and gives birth to a child on behalf of another woman who wishes to have a child but is unable to carry the child to term for medical reasons, following artificial insemination and the transfer of fertilised eggs. Surrogacy under Greek law is only possible if the court has approved it, i.e., a corresponding application must be made to the court before the transfer begins.

The surrogacy procedure in Greece entitles married and unmarried heterosexual couples, but also single women, to use a surrogate mother. Surrogacy for same-sex couples or single men is excluded under Greek law.

If you have all the requirements for a surrogacy and have already decided on a clinic and an egg donor, our experts will check the contracts for their formal correctness. Furthermore, we advise you on the drafting of a surrogacy contract. Here, highly complex legal peculiarities must be considered, as in the case of faulty contracts, maternity or paternity may not be recognised under German law. An incorrect wording can, under certain circumstances, result in fines or even imprisonment.

Unlike in Germany, the “Astikos Kodikas”, i.e., the Greek Civil Code, explicitly provides for surrogacy. In Articles 1455-1464, the Greek Civil Code (ZGB) regulates in detail the prerequisites, conditions and procedures of surrogacy. According to these articles, surrogacy is only possible if it is not possible for a person to bear a child naturally for medical reasons or if a severe transmission of disease to the child is to be averted.

Among other things, the Greek Zivil Code standardises the methods of medically assisted reproduction. The most used procedure here is “in vitro fertilisation and implantation of fertilised eggs”. In this method, the embryo is created in the laboratory by means of in vitro fertilisation and the fertilised 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 person who wishes to have a child 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 eponymous. If the donor agrees to an eponymous donation, it is possible for the child to 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.

The transfer of fertilised eggs into the body of the surrogate mother requires court authorisation. The authorisation is granted by the court with local and subject-matter jurisdiction under the voluntary jurisdiction procedure, according to Art. 121 of the Introductory Law of the Greek Civil Code. For this authorisation to be granted, certain legal requirements must be met:

• The intended mother must submit an application.
• The applicant must prove that it is medically impossible for her to become pregnant.
• She must be of childbearing age and must not have exceeded the age of 50.
• The intended mother must undergo a physical examination to be tested for human immunodeficiency viruses (HIV, hepatitis B and C and syphilis).

• The surrogate mother must have her habitual, or at least temporary, residence in Greece.
• The surrogate mother must undergo a physical examination to be tested for human immunodeficiency viruses (HIV, hepatitis B and C, and syphilis).
• The surrogate mother must undergo a psychiatric examination.
• She must present a written agreement between the intended parents and her.
• It must not include any financial consideration for the gestation of the embryo.

Once the application to carry out surrogacy has been approved by the court, there are still some legal aspects to consider. The surrogate mother must not receive payment for carrying the child to term. Greek law sees surrogacy as an “altruistic act” and wants to prevent surrogacy from becoming commercialised. Potential parenthood under German law may be jeopardised if these principles are violated. If a surrogate mother is remunerated for her activity despite the existing prohibition or is actively deceived about the eligibility requirements, the offence can result in a prison sentence of at least two years or a fine of €1,500. However, it is possible to reimburse the surrogate mother for expenses incurred during the period of pregnancy. The financial limit is currently around 10,000 €.

Here it is particularly crucial to formulate the details precisely in the contract with the surrogate mother so that there are no misunderstandings, and an expense could be regarded as an unauthorised payment. The legal experts at Schlun & Elseven adapt the contract precisely to your situation and consider all legal circumstances with sensitivity.

If the Greek court has approved the surrogacy, the German intended parents acquire parental status after the surrogacy has been carried out. Accordingly, under Greek law, the Greek surrogate mother has no legal relationship or claims towards the child resulting from the surrogacy. German law, in turn, does not recognise motherhood existing under Greek law, so adoption must regularly occur.

The German fathers of the intended children can have paternity acknowledged before birth. This procedure is recommended because the child born to the surrogate mother acquires German citizenship in this way. Therefore, a temporary passport document can be issued for the child by the German mission abroad.

Our team of family law experts will provide you with legal support throughout the entire process. We know how emotionally challenging this journey can be and therefore want to ensure you have the best possible legal support. Our global lawyers are experts in international surrogacy proceedings and will clarify all issues related to surrogacy law, considering your situation. Please get in touch with us for a first meeting!