According to the article 5 par. 1 of the Constitution, “Everyone has the right to freely develop his personality and to participate in the social, economic and political life of the country, as long as he does not infringe the rights of others and does not violate the Constitution or morals .” Therefore, in the paragraph of this article, the right of reproduction is guaranteed.
Surrogacy is a procedure based on the moral principle of altruism through which women with a serious health problem, which a possible pregnancy could put at risk, can have a child.
LEGAL CRITERIA
The legal status in our country regarding surrogacy is quite favorable, as Laws 3089/2002 and 3305/2005 created the legislative framework for the industry of medically assisted reproduction. In Greece, surrogacy has been approved by law and since July 2014 it has opened its doors to foreign residents as well (N. 4272/11.07.2014). Therefore, according to this amendment, it is sufficient for the applicant or the surrogate to have either their residence or their temporary residence in Greece. However, certain conditions must be met.
- Medical incapacity of the applicant mother in terms of pregnancy and not conception, which is proven by medical documents.
- Judicial permission which is granted following an application submitted exclusively by the woman who is unable to conceive for medical reasons.
- Both the applicant, her spouse or partner and the surrogate must be tested for sexually transmitted diseases. The surrogate mother is additionally subjected to a thorough psychiatric evaluation.
- The surrogate mother must be over twenty-five (25) years old and up to fifty-four (54) years old. For women aged 50 years and one day up to 54 years and 0 days, a relevant license from the National Authority for Medically Assisted Reproduction is exceptionally required. It should also not have undergone more than two caesarean sections.
- The fertilized eggs that are implanted in the uterus of the pregnant woman should not belong to her.
- Written agreement on pregnancy between the persons seeking to have a child (married couple or cohabiting couple, single woman), the woman who will become pregnant, and her husband if she is married, without consideration, upon presentation of said agreement, for the drawing up of which a private document is sufficient. The payment of the expenses required to achieve the pregnancy, delivery and the compensation due to her absence from work and the remuneration she was deprived of due to absence, in order to achieve the pregnancy, do not constitute compensation.
At a time when in several European countries agreements on surrogacy are considered invalid, either because the law expressly prohibits the specific practice or because it is considered that the object of the agreement is contrary to good morals, in our country the legislative framework surrounding surrogacy is quite favorable. And this is because, we have a limited legislative framework, as well as the child born during this procedure, is considered legally the child of the applicant and her husband/partner.
Greece is now one of the most popular destinations for foreign applicant mothers to have a child through the process of surrogacy, based on provision 17 of Law 4272/2014.
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