Surrogacy in Greece: the legal framework and the real obstacle to returning home

I prefer to start with what matters most: it is not Greek law that will pose a problem, but French law regarding return. Anyone considering this route must consult a specialist French lawyer before committing to anything. The following describes the framework; it is not an encouragement to proceed without advice.

What Greek law provides for

Surrogacy has been permitted since 2002 and is governed by Laws 3089/2002 and 3305/2005, as amended in 2022. Its key features are as follows:

• It is gestational only: the surrogate mother cannot provide her own eggs. The embryo therefore comes from the intended parents or from a donor.
• It is altruistic: any form of remuneration is prohibited. Only actual expenses and compensation for loss of earnings are permitted.
• It requires prior judicial authorisation. A Greek court verifies the written consent of all parties, the medical indication and the surrogate mother’s suitability before any embryo transfer takes place.
• It is restricted to women who are medically unable to carry a pregnancy – due to the absence of a uterus, a malformation, a medical contraindication or documented implantation failures – up to the age of 54. Since the 2022 reform, a single man may also access the service by court order.
• Parental status is established from the outset in favour of the intended parents: it is the intended mother who is registered as the mother on the Greek birth certificate, not the surrogate mother.

There is a residence requirement: at least one of the intended parents or the surrogate mother must be a resident or domiciled in Greece. This is a crucial point and its interpretation varies; it must be checked in detail with a Greek lawyer before taking any steps.

The situation in France

Surrogacy is prohibited in France, and surrogacy agreements are deemed null and void there. This does not prevent the recognition of parentage for a child born abroad: since the 2021 Bioethics Act and the case law of the Court of Cassation, the registration of a foreign birth certificate is permitted for the biological parent, whilst the second intended parent generally proceeds via the adoption of their spouse’s child. Timeframes and procedures vary depending on the circumstances, and the legal framework has changed several times over the past ten years.

This is why I do not coordinate surrogacy arrangements and do not refer anyone to an intermediary who might promise a straightforward process. There is no such thing.

Costs

As the surrogate mother is not paid, the cost in Greece is significantly lower than in countries where surrogacy is commercial. The costs include: IVF and embryo transfer, medical expenses and insurance for the surrogate mother, legal proceedings and Greek solicitor’s fees, antenatal care and delivery, and French legal fees. The total cost typically ranges from 40,000 to 70,000 euros depending on the case, a far cry from North American rates but well above the cost of a standard IVF cycle. The costs of a standard IVF cycle are detailed here.

Key questions to ask first

1. Does my medical condition meet the criteria recognised by the Greek court?
2. Can the residence requirement be met in my case?
3. What exactly will the recognition procedure in France involve for each parent, and how long will it take?
4. Who bears the risk if the Greek legal proceedings are unsuccessful?

If an intermediary cannot answer these four questions in writing, with the support of a named lawyer in each country, this is not a case worth pursuing. Other options — double donation, embryo donation, adoption — are worth exploring first, even when they seem less obvious.

Frequently asked questions

Source: https://fertilitegrece.com/en/blog/surrogacy-greece/ — Triada Baloukoudis, IVF patient coordination in Greece. General information, not medical or legal advice. Printed on