Surrogate motherhood in Greece
25 August 2016
Surrogate motherhood is the method of artificial reproduction, allowed after prior judicial authorization, pursuant to which a woman residing in Greece bears and gives birth to a child (carrier or gestated or surrogate mother) following In Vitro Fertilisation (IVF) and implantation of fertilised eggs using another woman’s egg cells on account of the intended mother, who wishes to have a child but is not able to gestate due to medical reasons.
Medically assisted human reproduction (artificial insemination) is only allowed to address the inability to have children by the natural way or to avoid the transmission of a serious illness to the child. This assistance is permissible up to the reproductive age of the assisted person.
Surrogacy is regulated by the provisions of Articles 1458 and 1464 of the Greek Civil Code as being in force after Greek Law No. 3089/2002 (published in the Government Gazette issue (“F.E.K.”) No. Α’ 327/23.12.2002), and Article 2 paragraph 1 point (b), Article 3 paragraphs 8, 9, 4, 13 of Greek Law No. 3305/2005, and Article 8 of Greek Law No. 3089/2002. More specifically, Article 1458 of the Greek Civil Code reads: “The implantation of fertilised eggs in the body of the surrogate mother and her pregnancy is allowed by court authorization granted before the implantation, on condition that there is a written agreement with no provided fee, which is concluded between the persons wishing to have a child and the surrogate mother, including her husband, in case the former is married.
The judicial authorization is provided upon the application of the woman who wishes to have a child, if it is established that she is medically unable to gestate and that the woman willing to stay pregnant is, in view of her health condition, able to carry a pregnancy to term.”
The necessary statutory preconditions of judicial authorization for surrogacy are indicatively, inter alia, the following:
It should be established that the applicant woman who wishes to have a child through surrogacy is unable to carry a pregnancy to term due to medical reasons, such as not having a uterus or her womb having a very serious problem (retained ovaries), is suffering from severe heart disease, renal failure, hormonal disorders, multiple miscarriages, multiple failed In Vitro Fertilisation (IVF) cycles etc. Additionally, this woman should be at a childbearing age and should have not exceeded her fifties. Indeed, medically speaking, the age of the ovum plays a decisive role in the success of the method.