Surrogacy is one of the most complex and sensitive issues in contemporary bioethics and medical practice. It is an altruistic process that enables heterosexual couples or women who are unable to conceive to have a child with the help of another woman who agrees to carry their embryo. However, the issue raises numerous legal, ethical, and psychological concerns for the woman carrying the child, for the intended parents, and, of course, for the child itself. In this context, it is particularly important to examine the conditions and requirements under which surrogacy can legally take place, so that the process remains safe, ethically acceptable, and legally protected.
In Greece, the legislative framework for medically assisted reproduction was established in 2002 under Law 3089/2002 and supplemented by Law 3305/2005. Medically assisted human reproduction is permitted provided that certain conditions are met, based on Articles 1455 et seq. of the Greek Civil Code.
According to prevailing case law and legal theory, the right to apply for judicial authorization is granted only to unmarried women, married couples, or heterosexual couples in a free union. In all cases, the application is submitted exclusively by the woman who wishes to have a child, while her husband or partner must provide consent.
More specifically, the prerequisites for submitting such an application are:
The applicant must demonstrate an inability to carry a pregnancy, supported by the necessary medical documentation.
The applicant must be up to 54 years old. It is worth noting that if the genetic material used for fertilization was collected from the woman at a younger age and preserved via deep-freezing, an application may be accepted even if submitted after she has passed the age of 50.
The surrogate mother must be between 25 and 54 years old to ensure the pregnancy is safe for her health, and she must have at least one child of her own. Moreover, she must not have undergone more than two cesarean sections.
The genetic material must come exclusively from the intended parents or from a third-party donor. The surrogate contributes only her gestational capacity and not her genetic material, as genetic involvement would make separation from the baby emotionally difficult.
All parties involved (the intended parents and the surrogate) must undergo testing for sexually transmitted diseases before fertilization begins. The surrogate must also undergo psychiatric evaluation.
The surrogate’s permanent residence must be in Greece, or if not, she must at least have some form of temporary residence in the country.
The entire process must be clearly outlined in a written agreement between the parties, stating that the surrogate will undertake the pregnancy without financial compensation. Surrogacy is considered an altruistic act and therefore cannot involve payment. However, her medical expenses throughout the pregnancy (examinations, pregnancy-related costs, childbirth, postpartum care) must be covered, and she is entitled to compensation for any period during which she must be absent from work.
Surrogacy in other countries
In the United States, there is no federal legislation that fully regulates surrogacy; instead, each state has its own legal framework, which may be supportive or restrictive. In other EU countries, the situation is much more varied, with most adopting more restrictive approaches than Greece. A recent European Parliament document states that some member states allow “altruistic” surrogacy (i.e., without financial gain), while many others explicitly or implicitly prohibit the practice. In some countries, surrogacy is illegal because it is considered contrary to public morals, while many states still have no specific legal provisions on the matter. Suitable countries for the procedure, apart from Greece, include Portugal, Cyprus, and Ukraine, which have become popular destinations for medical tourism.
In all cases, legal guidance on surrogacy is crucial, as it helps avoid potential legal or procedural problems throughout the process. A specialized legal professional prepares the private agreement between the intended parents, the surrogate mother, and the chosen medical center, ensuring that the rights and obligations of all parties are clearly defined and protected, and that the procedure will be carried out smoothly for everyone involved.
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