Legal information
Important Legal Considerations for Surrogacy and Egg Donation in Greece
Surrogacy and Egg Donation: Legal Overview in Greece and Cross-Border Considerations
I. Legal Status in Greece and Other EU Countries
Surrogacy and egg donation are legal in Greece but prohibited in some other EU countries, including Germany, where they are banned under the Embryo Protection Act. In Germany, the law aims to protect the child’s right to know their biological mother and prevent exploitation of women.
In Greece, the well-being of the child and all parties involved is paramount, alongside the right of individuals to pursue parenthood. Strict legal requirements regulate IVF procedures involving surrogacy and egg donation to ensure safety and legality.
II. Legal Applications of Surrogacy and Egg Donation in Greece
- Surrogacy: The couple uses IVF to implant a fertilized embryo into another woman (the surrogate), who carries the pregnancy.
- Egg Donation: The couple uses a donor’s egg, fertilized by the male partner’s sperm, with the embryo implanted into the female partner.
- Combination: The egg donor may also be the surrogate or a separate donor.
III. Key Provisions Under Greek Law
- General Requirements:
- IVF is permitted only to address reproductive difficulties or to prevent serious hereditary diseases.
- Court approval is mandatory before proceeding, based on medical evidence.
- Donors must be of natural reproductive age (women generally from age 25).
- Cloning and sex selection (except to prevent genetic diseases) are prohibited.
- Written informed consent is required from all parties involved, with specific rules for unmarried couples and revocation rights.
- Surrogate Mother Requirements:
- Undergo thorough medical and psychological evaluations, including testing for infectious diseases (HIV, hepatitis, syphilis).
- Surrogacy Agreement:
- Surrogacy must be altruistic; no financial gain beyond coverage of reasonable pregnancy-related expenses and lost wages.
- Costs are reviewed and approved by competent authorities.
- Privacy and Confidentiality:
- Donor identity is confidential and not disclosed to the child or recipients.
- Medical records are kept securely and may be accessed by the child later for medical reasons.
- Family Law and Cross-Border Issues:
- Legal motherhood is assigned by court decision to the intended mother, not the birth mother.
- Paternity is established by marriage, recognition, or consent to IVF.
- German couples commissioning surrogacy in Greece face complex legal challenges, as German law does not recognize surrogacy arrangements:
- The birth mother is legally considered the mother in Germany.
- If the surrogate mother is married, her husband is presumed father; otherwise, the biological father can acknowledge paternity.
- Adoption is necessary to establish legal parenthood for the intended father.
- Recognition of foreign court decisions (e.g., from the US) may apply under limited circumstances but do not change the prohibition of surrogacy in Germany.
Greece offers a legally regulated framework for surrogacy and egg donation, balancing ethical considerations and the desire to parenthood. Couples, especially from countries where these options are restricted, must be aware of cross-border legal complexities when seeking treatment abroad.